State v. Thomann

Citations

• 2022 Ohio 4264

Syllabus

R.C. 2933.83 – IDENTIFICATION – EVIDENCE –MANIFEST WEIGHT – VERDICT FORM – SENTENCE: Defendant did not establish that the minor deviations from R.C. 2933.83 during a photo lineup rendered his identification unduly suggestive, therefore the identification was admissible. The victim's in-court identification was reliable and admissible where she had a good opportunity to observe defendant during the commission of the crime, she was certain of her identification, the length of time between the crime and identification was not significant, and there was only a slight discrepancy between her description of defendant and the photograph. Defendant's conviction was not against the weight of the evidence where the fact finder found the victim's testimony to be credible. The failure to journalize the verdict form did not divest the trial court of jurisdiction to sentence defendant where the verdict form was given to the trial court, read in open court, confirmed by the jurors, and journalized in the sentencing entry. The trial court erred in imposing a no-contact order when the defendant was not placed on community control.