State v. Thompson-Rivers

Citations

• 2025 Ohio 5067

Syllabus

The trial court did not err in refusing to merge the offenses of felonious assault and discharging a firearm on or near a prohibited premises because the offenses are dissimilar in import and significance. Trial counsel did not provide ineffective assistance by failing to file a motion to dismiss the weapons under disability charges where the disability was predicated on a juvenile adjudication. There was sufficient evidence to sustain a conviction of one count of improperly discharging a firearm into a habitation, and the conviction was not against the manifest weight of the evidence. But insufficient evidence sustained a conviction of a second count of improperly discharging a firearm into a habitation. The perceived inconsistency in the testimony of a State's witness did not constitute prosecutorial misconduct because there is no reasonable probability that it affected the outcome of the trial. Judgment affirmed in part and reversed in part.