State v. Noriega

Citations

• 157 N.E.3d 923
• 2020 Ohio 4201

Syllabus

Trial court did not plainly err by failing to individually examine juror who expressed concern for her safety during trial to ensure she could remain fair and impartial. Appellant waived all but plain error by failing to request that the juror be removed or object to continuing the trial with her on the panel, and appellant failed to show a reasonable probability the alleged error affected the outcome of the trial. Appellant's convictions were not against the weight of the evidence where there was circumstantial evidence implicating appellant as the individual who arranged heroin transactions. Trial court did not err by imposing a twenty-six-year prison sentence, notwithstanding the fact that appellant was likely to be deported after completing his sentence. Although resource conservation is a consideration in sentencing, the record indicated the trial court properly considered the purposes of sentencing and statutory factors in determining the sentence. Appellant failed to demonstrate ineffective assistance of counsel by failing to file an affidavit of indigency in an effort to avoid a mandatory fine, where the record indicated the trial court considered appellant's present and future ability to pay any fines and there was not a reasonable probability the trial court would have declined to impose the fine if an affidavit of indigency had been filed.