POMEROY —The Fourth District Court of Appeals has affirmed the aggravated assault conviction of Meigs County woman.
Meigs County Prosecuting Attorney James K. Stanley stated in a news release that a decision filed by the Ohio Fourth District Court of Appeals affirmed Paulena Yost’s conviction for Aggravated Assault, a felony of the fourth degree.
Aggravated assault, as charged, alleges that “No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly: (1) Cause serious physical harm to another or to another’s unborn; (2) Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance, as defined in section 2923.11 of the Revised Code.”
On Nov. 14, 2017, Yost, 21, of Syracuse, Ohio, was convicted of aggravated assault for stabbing the victim, her live-in boyfriend, in the back on March 6, 2017, during a dispute at their residence.
At sentencing, Stanley argued that Yost should receive the maximum sentence of 18 months in prison. Meigs County Court of Common Pleas Judge I. Carson Crow agreed and sentenced Yost to 18 months in prison. Yost then appealed her conviction to the Ohio Fourth District Court of Appeals.
In the appeal, Yost claimed that the imposition of the maximum sentence was not clearly and convincingly supported by the record. Stanley argued that the imposition of the maximum sentence was warranted considering the seriousness of the facts of the case.
The appellate court agreed with the State and overruled Yost’s assignment of error and affirmed the judgement of the trial court, finding that the fact that Yost stabbed the victim in the back with a kitchen knife as he packed his belongings to move out of the residence, that the victim suffered a wound that required stitches, and that the incident occurred in the presence of children constituted a more serious act of aggravated assault than normal, which warranted the imposition of the maximum prison sentence.
Judge William H. Harsha wrote the opinion, and both Judge Peter B. Abele and Judge Matthew W. McFarland concurred in the judgment and opinion for the Court of Appeals.
Yost will serve the remainder of her prison sentence, which is due to expire on April 12, 2019.