State v. Patterson

Citations

• 2018 Ohio 3348

Syllabus

FELONIOUS ASSAULT – RECEIVING STOLEN PROPERTY – EVIDENCE – CONSTITUTIONAL LAW/CRIMINAL – ID/PHOTOS – EVIDENCE/WITNESS/TRIAL – SENTENCING – CONSECUTIVE SENTENCES: In a felonious-assault prosecution, the trial court did not abuse its discretion in admitting a Facebook photograph depicting defendant with a gun where a detective testified that he had used the photograph in the course of his investigation to confirm defendant's identity as the perpetrator, and the victim testified that the gun in the photograph was similar to the gun that the victim had seen defendant brandish. Where a police officer testified that in the aftermath of a shooting he had shown the victim several Facebook photographs of defendant's accomplice to confirm the accomplice's identity, the trial court did not err in overruling defendant's motion for a mistrial based upon the state's failure to preserve those photographs: defendant argued that the photographs may have contained defendant, so the photographs would have been at most potentially useful for defendant, and nothing suggested that the officer had acted in bad faith by failing to save the photographs. Defendant did not demonstrate ineffective assistance of counsel for counsel's failure to file a motion to suppress defendant's admission to a police officer that he had been at the scene of a shooting, but had not been the shooter, because the record does not demonstrate that defendant made the statement without having been advised of his rights under Miranda v. Arizona, 384 U.S. 436, 479, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Defendant's felonious-assault conviction was neither based on legally insufficient evidence nor contrary to the manifest weight of the evidence: the evidence adduced by the state at trial showed that defendant and an accomplice pointed guns at the victim, defendant threatened to shoot him, and the accomplice's gun discharged. Defendant's receiving-stolen-property conviction was neither based on legally insufficient evi