State v. Collins

Citations

• 2023 Ohio 856

Syllabus

Appellant was convicted of escape as a second-degree felony because the charges pending against him at the time of the escape included first-degree felonies. Based on the evidence that the charges pending against appellant at the time of the attempted escape included two counts of aggravated robbery, which is a first-degree felony, and defense counsel's admission that the pending charges had included aggravated robberies, there was sufficient evidence to support the escape conviction as a second-degree felony. The escape conviction also was not against the manifest weight of the evidence. Appellant's competence to stand trial was not raised in this case, but counsel informed the court that appellant's competence had been raised (but not determined) in criminal proceedings pending in two other counties. Before the trial began, the trial court discussed this issue with counsel and appellant at length. Contrary to appellant's assertion, this discussion was not a competency hearing. Moreover, nothing that occurred or was discussed would have reasonably triggered a concern regarding appellant's competency to stand trial. Judgment affirmed.