State v. Gazaway

Citations

• 2019 Ohio 5164

Syllabus

Appellant's convictions were supported by sufficient evidence and were not against the manifest weight of the evidence where the state presented evidence that appellant restrained the liberty of a child during the standoff, trespassed in the child's home through the use of force, and attempted to cause physical harm by shooting multiple times at police officers. Appellant's sentence was valid where the trial court sentenced appellant with the proper sentencing range, considered the necessary statutory factors, and imposed postrelease control. Appellant's 41.5 year sentence was supported by the record where he had an extensive criminal history, caused terror to the child and officers, and could have killed or severely injured those involved in the standoff. Appellant received effective assistance of counsel despite his counsel not calling certain witnesses where such was trial strategy and appellant could not demonstrate his counsel's performance was deficient or prejudicial.