State v. Walker

Citations

• 2025 Ohio 975

Syllabus

CRIM.R. 44 — WAIVER OF COUNSEL — VENUE — FELONIOUS ASSAULT — IMPROPERLY DISCHARGING A FIREARM AT OR INTO A HABITATION — EVIDENCE — SUFFICIENCY: The trial court substantially complied with the requisite Crim.R. 44 colloquy during its extensive inquiry to determine whether defendant was intelligently, knowingly, and voluntarily waiving his right to counsel and appointed standby counsel who was present throughout the trial, and therefore, defendant was not deprived of the effective assistance of trial counsel. The trial court did not err in entering convictions for two counts of felonious assault and one count of having weapons while under a disability where the State proved venue beyond a reasonable doubt through circumstantial and direct evidence. Defendant is discharged from his conviction for receiving stolen property where the State concedes the record is devoid of evidence that defendant knew the handgun used in the commission of the offenses was stolen. Defendant's conviction for improperly discharging a firearm at or into a habitation was supported by sufficient evidence where defendant's identity as a complicitor in the offenses was established by video evidence from surveillance cameras and witness testimony—one being a codefendant—and where defendant conceded on appeal that he made statements to encourage his codefendant to shoot the victim, who was standing in front of his home when the codefendant opened fire.