State v. Rosales

Citations

• 2018 Ohio 197

Syllabus

The record reveals no non-frivolous issues for review in this appeal under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). The trial court did not improperly admit \other-acts\ evidence. The evidence was admissible to prove motive. The record does not establish that the prosecution knowingly introduced perjured testimony. The appellant's convictions for felony murder, felonious assault, and improperly discharging a firearm into a habitation were not based on legally insufficient evidence or against the weight of the evidence. The record does not portray ineffective assistance of counsel. The trial court did not err in imposing partially consecutive sentences or in ordering restitution and payment of court costs. No basis existed to suppress incriminating statements the appellant made during recorded telephone calls he made from a Missouri jail because his statements were not the product of interrogation by law enforcement and the calls began with a warning they were recorded. The trial court did not err in failing to merge the offenses of felony murder, felonious assault, and improperly discharging a firearm into a habitation. Even if these offenses involved the same conduct and the same animus, the harm caused by each of the offenses was separate and distinct. Judgment affirmed.