State v. Evans

Citations

• 2026 Ohio 1237

Syllabus

The kidnapping conviction was supported by sufficient evidence and the manifest weight of the evidence where codefendant's acts of removing the victim to the inventory room were imputed to defendant as an accomplice, and the victim's subjective belief that he was free to leave did not negate the conviction because the statute was independently satisfied by proof of removal by threat. Trial court failed to merge kidnapping and robbery convictions where movement of victim to inventory room was merely incidental to the robbery, but did not err in declining to merge possession of criminal tools with robbery where the tools served a function distinct from the force that constituted the robbery. Trial court failed to orally advise defendant whether postrelease control is mandatory or discretionary, its duration, and the consequences of violating its conditions, rendering the postrelease-control portion of the sentence contrary to law. Trial court failed to make all required findings at the sentencing hearing before