State v. Parker

Citations

• 2026 Ohio 2178

Syllabus

Participating in a criminal gang; R.C. 2923.42(A); sufficiency; active participation; jury instructions; ineffective assistance of counsel. Affirmed appellant's conviction for participating in a criminal gang in violation of R.C. 2923.42(A), which was supported by sufficient evidence in the case. The testimony and evidence established more than a passive or nominal association with the gang, the State presented substantial evidence demonstrating appellant's active participation in the criminal gang, and the other elements of the offense were met. Appellant failed to demonstrate any plain error occurred with the jury instructions or that he received ineffective assistance of counsel for failing to request a jury instruction on active participation.