State v. Prather

Citations

• 210 N.E.3d 999
• 2023 Ohio 784

Syllabus

COMPETENCY – TESTIMONY – ADMISSIBILITY – COUNSEL – HEARSAY – EVIDENCE – SUFFICIENCY – MANIFEST WEIGHT – AGGRAVATED ROBBERY – FELONIOUS ASSAULT – HAVING WEAPONS WHILE UNDER A DISABILITY – ALLIED OFFENSES: The trial court did not err in admitting the competency report prepared three months before the competency hearing when defendant requested that the hearing be continued. Where the excluded testimony was not included in the record on appeal to allow the appellate court to determine whether the trial court erred in excluding the testimony, the appellate court must presume the regularity of the trial court's ruling and cannot determine that the trial court erred. Defense counsel was not ineffective for failing to object to the photo lineup because the lineup was provided by the state in discovery and the administration of the lineup complied with the statute defense counsel was not ineffective for untimely disclosing a witness where defendant did not timely inform counsel of the witness and defense counsel was not ineffective for failing to move to suppress the defendant's confession because the interrogation was not coercive. The trial court erred in allowing the hearsay testimony of a witness, but the error was harmless because it did not affect the outcome of the trial. Defendant's convictions for aggravated robbery, felonious assault, and having weapons while under a disability were supported by sufficient evidence and not against the weight of the evidence where the evidence established that defendant attempted to rob then shot one victim, provided the gun used to rob and shoot a second victim, and committed an armed robbery against a third victim. The trial court did not commit plain error by imposing multiple sentences for aggravated robbery and felonious assault where the offenses were committed separately.