State v. Lewis

Citations

• 2024 Ohio 1786

Syllabus

Sufficiency manifest weight of the evidence imposition of sentence on firearm specification S.B. 201 constitutionality. Sufficient evidence was presented regarding the identity of the perpetrator where a witness who knew appellant identified him from surveillance footage of the incident and other witnesses and DNA evidence connected appellant to the additional crime of leaving the scene of an accident. Additionally, the convictions were supported by the manifest weight of the evidence where the primary witness on identification knew appellant and maintained that identification throughout the case. Although the witness received a favorable plea deal on her charges for testifying in court, the witness identified appellant prior to receiving that deal, there was no evidence of a prior statement that she changed after receiving the deal, or evidence that the witness held animosity towards appellant due to relationship issues. The trial court did not err in sentencing appellant to a firearm specification that was attached to a count that merged based on State v. Bollar, 171 Ohio St.3d 678, 2022-Ohio-4370, 220 N.E.3d 690. Finally, appellant's sentence under S.B. 201 was not unconstitutional based on State v. Hacker, 173 Ohio St.3d 219, 2023-Ohio-2535, 229 N.E.3d 38.