State v. Phillips

Citations

• 2026 Ohio 2412

Syllabus

Sufficiency of the evidence; manifest weight of the evidence; aggravated robbery; robbery; kidnapping; having weapons while under disability; carrying concealed weapons; ineffective assistance of trial counsel; mistrial; jury instructions; nunc pro tunc entry. The evidence presented at trial was sufficient to support appellant's convictions for aggravated robbery, robbery, kidnapping, and carrying concealed weapons. Appellant's convictions for aggravated robbery, robbery, kidnapping, and carrying concealed weapons were not against the manifest weight of the evidence. Appellant's trial counsel was not constitutionally ineffective for choosing not to move the court for a mistrial after a witness indicated that Phillips had previously been incarcerated and the trial court ordered the jury to disregard the witness's statement. Appellant's claim that the trial court failed to impose a sentence on the having weapons while under disability was not correct, because it imposed a sentence on the record. Case remanded for the trial court to clarify its sentencing entry with a nunc pro tunc entry.