State v. McDonald

Citations

• 2017 Ohio 8496

Syllabus

Trial court did not err when it overruled appellant's Crim.R. 29(A) motion for acquittal. The State adduced sufficient evidence at trial to convict appellant of aggravated burglary (deadly weapon) and having a weapon while under disability. Furthermore, the jury's verdict finding appellant guilty of aggravated burglary (deadly weapon) and having a weapon while under disability were not against the manifest weight of the evidence. No comments made by the prosecutor during her closing argument constituted prosecutorial misconduct because they consisted of factual statements that were supported by the evidence. Appellant did not receive ineffective assistance when his counsel chose not to request a jury instruction on the lesser-included offense of burglary. Appellant failed to establish the existence of cumulative error. Judgment affirmed.