State v. Nashe

Citations

• 2024 Ohio 3400

Syllabus

Reversible error mistrial improper jury communication mandatory hearing voir dire allied offenses dissimilar import separate victims consecutive sentences statutory findings R.C. 2953.08(G)(2) R.C. 2929.14(C)(4) limited remand judgment vacated. The jury during its deliberation was approached by the defendant's family member who communicated with a juror in front of four other jurors. The trial court properly held a hearing and conducted voir dire with the jurors. The jurors stated they were able to be fair and impartial and that this incident would not affect their judgment. As such, it was not reversible error to deny defendant's motion for a mistrial because there was no evidence defendant was prejudiced by the communication. The trial court properly found that the felonious assault charges and the improper discharge of a firearm over a public roadway were offenses of dissimilar import since they have different victims and therefore they did not merge for sentencing. The convictions were not against the manifest weight of the evidence as there was clearly substantial evidence upon which a jury could reasonably conclude that all the elements have been proved beyond a reasonable doubt. Last, the trial court failed to make the requisite statutory findings to satisfy the requirements of R.C. 2929.14(C)(4) to impose consecutive sentences. The case is limitedly remanded for the trial court to make the required statutory findings to support the consecutive sentences.