State v. McRae

Citations

• 2020 Ohio 773

Syllabus

ATTEMPTED MURDER – EVIDENCE – COUNSEL –CONSTITUTIONAL LAW/CRIMINAL – CRUEL AND UNUSUAL PUNISHMENT – SENTENCING – ALLIED OFFENSES: Defendant's convictions for two counts of attempted murder were not against the weight or the sufficiency of the evidence where the state presented evidence that defendant discharged a gun at police officers while they were in close proximity and within his line of fire. Defendant did not receive ineffective assistance of counsel where trial counsel elected to rely on cross-examination of the state's witness rather than call a defense expert. Defendant's attempted-murder convictions did not merge as allied offenses where they involved separate victims. Defendant's aggregate sentence of 43-and-a-half years did not constitute cruel and unusual punishment where it resulted from the imposition of consecutive sentences.