State v. McLoyd

Citations

• 227 N.E.3d 493
• 2023 Ohio 3971

Syllabus

Grand jury petit jury probable cause plain error joinder codefendants robbery sufficiency of the evidence manifest weight of the evidence lay testimony cell phone sentence Reagan Tokes Law constitutionality State v. Hacker, Slip Opinion No. 2023-Ohio-2535 single maximum term R.C. 2929.144 R.C. 2929.14(A). Judgment affirmed. The trial court's advisement to prospective jurors regarding the grand jury's indictment did not constitute plain error. Neither did the joinder of defendant's trial with her codefendants. Based on the jury's verdict, it is clear that defendant was not prejudiced by the joinder. We also find that there was sufficient evidence in the record to identify defendant as one of the assailants who participated in this crime spree. Defendant's manifest weight challenge was not properly raised. However, even if we were to consider it, we find that this is not the exceptional case in which the evidence weighs heavily against a conviction. We further find that witness testimony regarding the information taken from cell phone records and a map generating defendant's cell phone location was admissible as lay testimony. Lastly, defendant's arguments regarding the constitutionality of the Reagan Tokes Law do not present novel issues or new theories challenging the constitutional validity of any aspect of law left unaddressed by the Hacker Court. In addition, R.C. 2929.144 and R.C. 2929.14(A) require the trial court to impose both a stated minimum term and a maximum term determined by the formula set forth in R.C. 2929.144, which is exactly what the trial court did in the instant case.