State v. Hubbard

Citations

• 2023 Ohio 3468

Syllabus

Motion to sever joinder plain error hearsay adoptive admission statement against interest sufficiency of the evidence manifest weight of the evidence felonious assault sentence unindicted conduct Reagan Tokes Law constitutional State v. Hacker, Slip Opinion No. 2023-Ohio-2535. Judgment affirmed. The trial court did not abuse its discretion by denying Hubbard's motion to sever. Hubbard failed to renew his motion at the close of all the evidence and waived all but plain error on appeal. Howard's testimony of what Hubbard said to him is admissible as an adoptive admission, and as a result, Hubbard has failed to demonstrate plain error by the joinder of his trial. Furthermore, Hubbard's felonious assault conviction is supported by sufficient evidence and is not against the manifest weight of the evidence. Howard's testimony provided specific details, which were corroborated by other evidence, including the DNA evidence, the surveillance videos, the cell phone records, and the history of bad blood between Moore and Price and Hubbard. Lastly, the sentencing transcript as a whole reflects that Hubbard was not sentenced solely on the acquitted conduct and the Ohio Supreme Court, in State v. Hacker, Slip Opinion No. 2023-Ohio-2535, recently found the Reagan Tokes Law to be constitutional.