State v. Johnson

Citations

• 2022 Ohio 4641

Syllabus

Murder aggravated murder attempted murder felonious assault discharge of a firearm having weapons while under disability shooting unborn fetus viable manifest weight sufficiency eyewitness identification circumstantial evidence forensic evidence DNA firearm casings constitutional right speedy trial allied offenses merger resentencing. Affirmed in part, reversed in part, and remanded. The appellant's convictions for aggravated murder, murder, attempted murder, felonious assault, and other offenses, which stemmed from a shooting incident in which a pregnant 19-year-old victim was shot multiple times and her fetus did not survive, were not against the manifest weight of the evidence and were supported by sufficient evidence. Although there was no forensic evidence linking appellant to the crimes and there were some deficiencies in the record, appellant's convictions were supported by the eyewitness testimony that identified appellant as the shooter and the circumstantial evidence that was presented. Testimony from the medical examiner showed that the fetus, which had a gestational age of 24 weeks, was viable at the time of the shooting. There was no constitutional violation of the right to a speedy trial. Appellant's sentence was reversed, and the case was remanded solely for resentencing because the trial court erred by failing to merge allied offenses of similar import.