State v. Makin

Citations

• 2017 Ohio 7882

Syllabus

Right to self-representation failure to grant continuance insufficient evidence manifest weight of the evidence felonious assault of a peace officer failure to comply effective assistance of counsel R.C. 2947.23(A) court costs. Judgment affirmed. Defendant was not denied his right to self-representation. The record indicates that the trial court advised defendant of his representation options and set the matter for a hearing that was never pursued. The trial court did not abuse its discretion in denying defendant's motion for a continuance. Defense counsel stated that the witness's absence did not cause defendant any prejudice because both defendant and the state essentially agreed on the testimony that would have been provided by the witness. A review of the record reveals sufficient evidence to sustain the convictions, and the convictions are not against the manifest weight. Defendant knowingly attempted to cause physical harm with a deadly weapon when he drove his car head-on into the car containing an officer and his two colleagues. Additionally, despite the officers' orders to stop, defendant led the officers in a pursuit with multiple collisions and traffic violations. Defense counsel's alleged failure to timely subpoena two defense witnesses was not ineffective because one witness's testimony was not in dispute, and the other witness's testimony would not have changed the outcome of trial. Lastly, the trial court was not required to give defendant the notice required under R.C. 2947.23(A) regarding community control and court costs because the defendant was sentenced to prison.