State v. Maxey

Citations

• 2021 Ohio 438

Syllabus

R.C. 2923.161 R.C. 2901.22 R.C. 2903.11 knowingly sufficiency of the evidence manifest weight of the evidence. Where the evidence established that the defendant fired a gun into two different apartments, the defendant may not be convicted of more than two counts of improper discharge. A sufficiency challenge to an improper discharge conviction on the basis that the state did not prove the defendant did so knowingly, fails where the jury could have reasonably concluded that the defendant was aware he was in a first-floor apartment and that by shooting into the ceiling, the bullet would probably go into the apartment upstairs. The state presented sufficient evidence to prove improper discharge where direct and circumstantial evidence established that the defendant, standing outside, fired a gun into an apartment, striking an occupant inside. Convictions for improper discharge and felonious assault are not against the manifest weight of the evidence where the defendant does not claim, and the record does not contain conflicts in the evidence, the resolution of which created a manifest miscarriage of justice. De minimis inconsistency in testimony does not create a manifest miscarriage of justice.