State v. Phillips

BRYANT, Judge.

Where the trial court’s use of the term “victim” during the jury instructions did not prejudice defendant by improperly expressing an opinion before the jury, we find no error. Where the trial court erred by concluding that defendant’s prior conviction in violation of a Ohio revised code section prohibiting “Intentional shooting, cutting, or stabbing,” was substantially similar to the North Carolina offense “Felonious assault with deadly weapon with intent to Mil or inflicting serious injury ” and as a result attributing to defendant a prior record level IV for felony sentencing…