State v. Fisher

Citations

• 2024 Ohio 4484

Syllabus

Aggravated murder R.C. 2903.01(A) murder R.C. 2903.02(A) felonious assault R.C. 2903.11(A)(2) improperly discharging into habitation R.C. 2923.161(A)(1) improperly handling firearms in a motor vehicle R.C. 2923.16(A) involuntary manslaughter R.C. 2903.04(A) having weapons while under disability R.C. 2923.13(A)(2) sufficiency of the evidence manifest weight double jeopardy allied offenses merger firearm specifications rule of lenity R.C. 2901.04(A). The defendant's convictions for aggravated murder, murder, felonious assault, improperly discharging into habitation and having weapons while under disability were supported by sufficient evidence and were not against the manifest weight of the evidence. A coconspirator testified that the defendant shot the victim to death after growing concerned that the victim, who had planned a robbery with the conspirators, was trying to \set them up.\ While there was no forensic evidence directly tying the defendant to the murder or to a drive-by shooting that occurred immediately after the murder, the coconspirator's testimony was largely corroborated through cellphone location data and the testimony of a second coconspirator. Considering the complicity statute, the convictions stemming from the drive-by shooting were also not against the manifest weight of the evidence where the defendant's actions before, during and after the shooting suggest that he was not a mere bystander but rather complicit in those offenses. It does not violate double jeopardy to impose a prison term for a firearm specification consecutive to a prison term on the underlying offense. The offenses of felonious assault (for the drive-by shooting) and having weapons while under disability were not allied offenses of similar import with any of the other offenses in the matter. The rule of lenity does not allow this court to overrule binding Supreme Court precedent on the interpretation of R.C. 2929.14(B)(1)(g) under that precedent, firearm specifications survive