State v. Metz

Citations

• 2019 Ohio 4054

Syllabus

Rape manifest weight kidnapping sufficiency R.C. 2929.14/consecutive sentences Crim.R. 29(A)/motion for acquittal ineffective assistance of counsel motion for continuance sentencing R.C. 2953.08(G)(2)(b). There was sufficient evidence to support appellants' convictions. Appellants' felony convictions were not against the manifest weight of the evidence, and the trial court did not err in denying appellants' motion for acquittal. Counsel's advisement to waive a jury trial is considered a tactical decision, not ineffective counsel although plea negotiations must be communicated to a defendant, the negotiations are not required to be entered on the record. One of the appellants has failed to show that his counsel did not enter into plea negotiations on his behalf appellant has not shown that the testimony of a potential witness that was not called to testify would have resulted in a different outcome where there was no indication as to what would have been that witness's testimony. Trial counsel did not fall below a reasonable standard of representation. Where appellants' counsel was given an opportunity to delay the beginning of trial to serve subpoenas, but declined, it was not an abuse of discretion where the trial court denied the motion to continue midtrial. The record does not support the trial court's findings for consecutive sentences.