State v. Gilmore

Citations

• 2026 Ohio 577

Syllabus

Manifest weight of the evidence; having weapons while under disability; credibility; inconsistent statements; split sentences; no-contact order; prison term. Appellant was convicted of two counts of having weapons while under disability and one count of improperly handling firearms in a motor vehicle. Appellant's convictions arose from a dispute he had with the victim, his ex-girlfriend. The victim testified that he drove to her work and threatened to kill her. When he left, she followed him in her car. When she stopped at a stop sign, she testified that he pointed a gun at her. Appellant alleged that his convictions were against the manifest weight of the evidence, alleging that the testimony of the victim was not credible because of her inconsistent statements she made to police and her testimony at trial. The State responded directing the appellate court to the credibility of appellant's mother who also testified at trial. The appellate court held that credibility issues are primarily for the finder of fact and that the finder of fact is in the best position to judge a witness's credibility. The court also noted that a trier of fact is free to accept or reject any or all testimony of any witness. The court held that appellant's convictions were not against the manifest weight of the evidence. Appellant also challenged the trial court's imposition of a no-contact order. The State conceded that the trial court's no-contact order was improper. The appellate court agreed, recognizing that when person is sentenced to prison on an offense, the trial court is precluded from imposing a community-control sanction, such as a no-contact order, on the same offense. As a result, the appellate court vacated the no-contact order.