State v. Hoskin

Citations

• 199 N.E.3d 1114
• 2022 Ohio 3917

Syllabus

Murder felonious assault post-arrest silence self-defense merger of firearm specifications consecutive sentences sufficiency of the evidence. Hoskin's murder, felonious assault, and associated offenses are affirmed. The state presented sufficient evidence to refute the defendant's claim of self-defense because he was at fault in creating the situation giving rise to the affray. Any reference to post-arrest silence was harmless due to the overwhelming evidence of guilt. The defendant's 4.5-year prison sentence for the firearm specification associated with the assault that merged into the murder was vacated because he was not sentenced for the underlying offense. The defendant's consecutive sentence was supported by clear and convincing evidence in the record.