State v. Tejeda

Citations

• 2025 Ohio 1449

Syllabus

Sufficiency; manifest weight; inconsistent verdict; bench trial; jury; having a weapon while under disability. Judgment affirmed. There was sufficient evidence to sustain defendant's having a weapon while under disability conviction because the victim identified the defendant as the person who shot her and the victim's mother testified to observing defendant threatening her with a gun the day before her daughter was shot. Defendant's case was not the exceptional case in which the evidence weighs heavily against the conviction. Defendant's not guilty verdict rendered by the jury on attempted murder, felonious assault, sexual imposition, retaliation, and the accompanying firearm specifications was not inconsistent with the trial court's guilty finding on the having a weapon while under disability count. This case was not the case in which a single issue was sent to the jury that negated an element of the offense tried by the trial court. The inconsistent verdicts pertain to separate and distinct counts in the indictment. Therefore, the inconsistency between the jury's and the trial court's verdicts does not require reversal of defendant's having a weapon while under disability conviction.