State v. Cunningham

Citations

• 2024 Ohio 2032

Syllabus

Judgment affirmed. Sufficient evidence established appellant's identity as the individual who committed the three bank robberies. Appellant failed to establish prejudice resulting from the trial court's mistaken reference to his prior convictions when reading the indictment to the prospective jury panel. The trial court did not err by denying appellant's motion to sever the charges or by overruling appellant's motion to dismiss the repeat violent offender specifications from the indictment. The trial court did not plainly err by admitting a witness's in-court identification of appellant as the individual who committed the robbery. Pursuant to current R.C. 2901.21(C)(1), the trial court properly instructed the jury that the physical harm element of robbery required proof of the mental state of recklessness. Because the RVO specifications were not offenses, the trial court did not err by refusing to include a recklessness mens rea with the RVO specification special finding.