State v. Burgos-Delgado

Citations

• 216 N.E.3d 69
• 2023 Ohio 1817

Syllabus

Ineffective assistance of counsel joinder of indictments motion to dismiss trial strategy consecutive sentences complicity jury instruction admission of evidence. Appellant failed to demonstrate ineffective assistance of trial counsel. The joinder of the indictments was proper. The crimes in the indictments occurred days apart, both involved drugs, and were part of appellant's course of criminal conduct. The testimony and evidence relating to the two indictments were simple and direct. Trial counsel was not ineffective for not filing a motion to dismiss. There was no speedy trial violation and appellant has not demonstrated that he was prejudiced by any preindictment delay. Counsel was not ineffective for employing an unsuccessful trial strategy. The trial court was not required to make findings for the imposition of consecutive sentences because it sentenced the appellant to a prison term of life without the possibility of parole. The trial court did not abuse its discretion in giving a complicity instruction because the testimony supported such an instruction. The trial court did not abuse its discretion by allowing the admission of a 2021 video of the appellant walking without incident. Since the appellant was apprehended in 2018, he has maintained that he was disabled and unable to walk. Therefore, the 2021 video was relevant and not unduly prejudicial.