State v. Gibson

Citations

• 2025 Ohio 543

Syllabus

Crim.R. 29; sufficiency; jail-time credit; other acts; Evid.R. 404(B). Trial court did not err in allowing the admission of other acts evidence where the appellant put motive and identity into question by suggesting that he did not commit the crime and establishing a line of questioning that suggested suicide as an alternative. State met its burden of production to establish the crime of tampering with evidence where there was evidence that an investigation was likely to be implemented and there was evidence that the appellant tried to clean up the crime scene. However, State failed to meet its burden of production with respect to the attendant firearm specification where there was no witness to the crime and no basis to support a finding that appellant had a gun on or about his person at that time. Trial court correctly noted the amount of jail-time credit but erred when its journal entry did not reflect the jail-time credit established by the appellant's time in jail at the time of sentencing.