State v. Payne

Citations

• 254 N.E.3d 714
• 2024 Ohio 4698

Syllabus

TRIAL EVIDENCE - PLAIN ERROR - INEFFECTIVE ASSISTANCE OF COUNSEL - PROSECUTORIAL MISCONDUCT - CONSECUTIVE FIREARM SPECIFICATION SENTENCES - REAGAN TOKES LAW: Trial court did not plainly err in admitting other-acts evidence, stipulated autopsy photographs of the deceased infant victim, or victim-impact evidence in drive-by shooting case where multiple eyewitnesses identified appellant as the shooter and CSLI evidence indicated appellant's presence at the scene when the shooting occurred. Appellant's claims of ineffective assistance of trial court and prosecutorial misconduct are likewise without merit because appellant fails to show prejudice sufficient to warrant reversal. Trial court did not err in exercising its discretion when it imposed consecutive three-year prison sentences on all three of the firearm specifications for which appellant was convicted under R.C. 2929.14(B)(1)(g). Based on State v. Hacker, 173 Ohio St.3d 219, 2023-Ohio-2535, however, it was plain error for the trial court to sentence appellant to definite prison sentences on his two attempted murder convictions when those offenses were subject to an indefinite prison term under the Reagan Tokes Law. Accordingly, the appellant's definite prison terms for the attempted murder counts are vacated, and the matter is remanded to the trial court for resentencing in accordance with the Reagan Tokes Law.