State v. Garcia

Citations

• 2019 Ohio 4885

Syllabus

App.R. 9, failure to file a complete record, substantial responsibility, App.R. 9(B)(4), appellate record, sufficiency and weight of evidence. Appellant appeals his convictions for several criminal charges. The trial transcript notation provides that all trial exhibits that were not contained in the record are in the custody of the state. After multiple informal requests and a sua sponte order, the state provided a portion of the missing trial exhibits accompanied by a notice of submission. The state concedes in the notice that it has exhausted all efforts to secure the missing exhibits, states that the exhibits are required to address the assignments of error yet maintains that it is appellant's duty to provide the complete record. Pursuant to State v. Jones, 71 Ohio St.3d 293, 643 N.E.2d 547 (1994), a case may be remanded to the trial court for a hearing to determine whether the defendant is substantially responsible for the missing evidence and, if not, to grant a new trial. See also App.R. 9(B)(4) that requires that the appellant include a transcript and all relevant evidence when challenging the sufficiency or weight of the evidence. In light of the state's concession that all efforts to locate the exhibits have already been exhausted and that the exhibits are required to address the assigned errors, a hearing to determine substantial responsibility is not required. Appellant's conviction is reversed, and the case is remanded for a new trial based on Jones.