State v. Parks

Citations

• 256 N.E.3d 773
• 2024 Ohio 5026

Syllabus

Appellant's conviction for attempted arson was supported by sufficient evidence. The trial court did not commit plain error in admitting alleged gruesome photos, which aided in proving the charges. Appellant's trial counsel did not act ineffectively in failing to ask for a mistrial based on an outside party's communication with a juror; the trial court properly held a hearing and found that the juror could be impartial. Given this fact and the overwhelming evidence against appellant, there was no basis for a mistrial. The trial court did not err in ordering a minimal amount of restitution, and its consideration of appellant's ability to pay can be inferred from the circumstances. R.C. 2929.14(B)(1)(g) does not violate double jeopardy protections by allowing sentence to be imposed on a firearm specification that was part of a merged offense; the Supreme Court of Ohio found this sanction permissible in State v. Bollar, 2022-Ohio-4370. Finally, the trial court did not err in admitting evidence pertaining to a bullet casing found at appellant's home and a box of bullets found on a neighbor's roof. These items were consistent with the bullet found in the victim's body and were relevant to the charge of tampering with evidence. Judgment affirmed.