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State v. Stafford7/23/2004
und the elements of all four crimes proved beyond a reasonable doubt. Stafford's conviction was therefore not against the sufficiency of the evidence.
. We have reviewed the entire record, weighed the evidence, and considered the credibility of the witnesses. And we cannot say that the jury lost its way or created a manifest miscarriage of justice in finding Stafford guilty. Stafford was driving the Kia recklessly simply by the fact that he was driving it at all. His license had been effectively suspended. And all of the victims suffered the unfortunate statutory harm required for a conviction. The only question of fact that was really in doubt was whether Officer Harris's wrist injury was "serious physical harm." But, again, having reviewed the record, we cannot say that this determination indicated that the jury lost its way. Stafford's conviction was not against the manifest weight of the evidence.
. We overrule Stafford's sixth assignment of error.
. Accordingly, we affirm the jury and the trial court's guilty finding and judgment, but we vacate the sentence and remand the case for resentencing in accordance with law.
. We note that because the original trial judge has left the bench, Stafford will be sentenced by a different judge.
Judgment affirmed in part, sentence vacated, and cause remanded.
Winkler, P.J., and Hildebrandt, J., concur.
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