State v. Boyce

Citations

• 2020 Ohio 3573

Syllabus

Appellant appeals from his convictions for engaging in a pattern of corrupt activity, 18 counts of burglary, and 6 counts of receiving stolen property. The trial court did not err in denying appellant's motion to suppress. Because a 2008 burglary for which appellant had been convicted was a predicate act for the corrupt activity charge, the trial court did not abuse its discretion in allowing the State to present evidence about the 2008 burglary such evidence was admissible separately from Evid.R. 404(B). The trial court did not err in its jury instructions about prior bad acts, including the 2008 burglary. Appellant's aggregate 70-year sentence was not clearly and convincingly unsupported by the record. The court erred in imposing sentence on one count (Count 19), which concerned a co-defendant only. The conviction on Count 19 is vacated, and the matter is remanded for the trial court to issue a revised judgment entry. In all other respects, judgment affirmed.