COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 60617 STATE OF OHIO : : Plaintiff-appellee : : JOURNAL ENTRY vs. : and : OPINION EFREM JOHNSON : : Defendant-appellant : : : DATE OF ANNOUNCEMENT OF DECISION : MAY 21, 1992 CHARACTER OF PROCEEDING : Criminal appeal from : Court of Common Pleas : Case No. CR-246,925A JUDGMENT : AFFIRMED. DATE OF JOURNALIZATION : _______________________ APPEARANCES: For plaintiff-appellee: STEPHANIE TUBBS JONES Cuyahoga County Prosecutor WILLIAM AILER, Assistant Justice Center, Courts Tower 1200 Ontario Street Cleveland, Ohio 44113 For defendant-appellant: WESLEY DUMAS Attorney at Law 1800 Superior Building Cleveland, Ohio 44114 - 1 - FRANCIS E. SWEENEY, P.J.: After a jury trial, defendant-appellant, Efrem Johnson, was found guilty of felonious assault (R.C. 2903.11). Appellant now timely appeals, raising one assignment of error for our review. THE RULES OF CONSTRUCTION PREVENT PROSECUTION FOR FELONIOUS ASSAULT FOR MORE THAN ONE ALTER-NATIVE THEORY. Appellant argues that the state erred in not prosecuting appellant under only one of the two alternative theories stated in the felonious assault statute (R.C. 2903.11). Specifically, appel-lant contends the state was required to prosecute appellant for either "causing physical harm" or "attempting to cause physical harm," but not both. This argument is without merit. Appellant did not raise this argument by motion or otherwise at the trial court level when such error could have been avoided or corrected by the trial court. State v. Williams (1977), 51 Ohio St. 2d 112. Therefore, appellant has waived this claimed error unless, but for the error, the outcome of the trial would have been otherwise. State v. Underwood (1983), 3 Ohio St. 3d 12. R.C. 2903.11 provides, in pertinent part, that no person shall knowingly cause or attempt to cause physical harm to another by means of a deadly weapon or dangerous ordnance. (Emphasis added.) It is clear from a reading of the statute that - 2 - the appellant could be found guilty if the state proved beyond a reasonable doubt that he either "caused" or "attempted to cause" physical harm. Thus, contrary to appellant's contention, the state was not required to prove that appellant caused the injuries suffered by the victim so long as the evidence proved beyond a reasonable doubt that appel-lant "attempted" to cause physical harm to another. Accordingly, we conclude that this argument does not constitute plain error. This assignment of error is overruled. Judgment affirmed. - 3 - It is ordered that appellee recover of appellant its costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Cuyahoga County Court of Common Pleas to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. SPELLACY, J. BLACKMON, J. CONCUR PRESIDING JUDGE FRANCIS E. SWEENEY N.B. This entry is made pursuant to the third sentence of Rule 22(D), Ohio Rules of Appellate Procedure. This is an announce- ment of decision (see Rule 26). Ten (10) days from the date hereof, this document will be stamped to indicate journalization, at which time it will become the judgment and order of the court and time period for review will begin to run. .