State v. Nicholson

Citations

• 2022 Ohio 374

Syllabus

Participating in a criminal gang R.C. 2923.42(A) sufficiency of evidence manifest weight of the evidence jury instructions prejudice curative instruction Reagan Tokes Law.- Defendant's conviction for participating in a criminal gang in violation of R.C. 2923.42(A) was supported by sufficient evidence and not against the manifest weight of the evidence where the evidence demonstrated (1) the existence of a criminal gang, (2) defendant's active participation in the gang, (3) defendant's knowledge of the gang's pattern of criminal activity, and (4) defendant's purposeful promotion, furtherance, or assistance with the gang's commission of criminal acts. The trial court did not commit plain error by not instructing the jury on aggravated robbery, robbery, or discharge over a roadway where no evidence of these offenses was produced at trial. The defendant was not prejudiced by the admission of improper evidence where defense counsel invited the error, and the remedy requested by defense counsel, a curative instruction given during the general jury charge, was adopted by the trial court in full. Defendant was properly sentenced under the Reagan Tokes Law where the conduct for which he was found guilty occurred after the effective date of the law.