State v. Glover

Citations

• 212 N.E.3d 984
• 2023 Ohio 1153

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – MOTION TO SUPPRESS – IDENTIFICATION – ADMISSIBILITY – EVIDENCE – EVID.R. 404(B) – OTHER ACTS – SUFFICIENCY – MANIFEST WEIGHT – SENTENCING –CONSECUTIVE SENTENCES: The trial court did not err in overruling defendant's motion to suppress the pretrial identification because defendant did not establish that the state employed an unduly suggestive lineup procedure. The trial court did not err in violation of Evid.R. 404(B) by admitting evidence depicting defendant with a gun and marijuana where the evidence was admissible to prove identity and the record contains no evidence that the trial court improperly considered the gun or marijuana. Defendant did not establish that the victims' in-court identifications were the result of unnecessarily suggestive procedures employed by the state. Defendant's convictions were supported by sufficient evidence and the manifest weight of the evidence where multiple victims identified defendant and the factfinder found the victims' testimony to be credible. The trial court erred in imposing consecutive sentences where the record clearly and convincingly does not support the trial court's proportionality findings.