State v. Rivers

Citations

• 2024 Ohio 4868

Syllabus

CRIMINAL LAW – aggravated robbery; robbery; felonious assault; having weapons while under disability; grand theft; jury trial; consecutively sentenced to an aggregate prison term of 20 years (minimum) to 23 and one-half years (maximum); sentence ordered to be served concurrently to a sentence Appellant was serving for a conviction in Trumbull County; consolidated appeals; waiver of counsel; Sixth Amendment; Appellant remained steadfast in his choice to proceed pro se; the trial court discussed the risks of self-representation and even took the extra step in appointing standby counsel; Appellant's waiver was knowing, intelligent, and voluntary; Appellant was not \compelled\ to appear in jail clothing; Appellant neither filed a motion to appear in civilian clothing nor objected to being present at trial in his jail uniform; the trial court gave a cautionary instruction to the jury; no prejudice; Crim.R. 8(A); joinder; Crim.R. 14; Crim.R. 33; motion for new trial; manifest weight; the trial court's imposition of consecutive sentences pursuant to R.C. 2929.14(C)(4)(c) is supported by the record. INEFFECTIVE ASSISTANCE OF COUNSEL – standby counsel's performance was neither deficient nor prejudicial; no cumulative error; judgment affirmed.