State v. Steward

Citations

• 2019 Ohio 5258

Syllabus

Appellant's conviction of felonious assault and discharging a firearm at or into a habitation were supported by sufficient evidence and not against the manifest weight of the evidence where the victims admitted telling the 911 operator and investigating officers that appellant was driving the vehicle the shooter arrived in prior to the shooting and fled in following the shooting, and the circumstances showed that appellant was aware her co-defendant had fired shots at the victims. Trial court's acquittal of appellant on the charge of having a weapon while under disability did not preclude the jury from finding appellant guilty of felonious assault, discharging a firearm at or into a habitation, and a firearm specification, as an aider and abettor of her co-defendant. Trial court did not abuse its discretion by admitting a firearm found in the co-defendant's home, even though the firearm could neither be identified nor eliminated as the weapon that fired the shots at the victims. Judgment affirmed.