State v. Walker

Citations

• 2018 Ohio 5172

Syllabus

Right to confrontation hearsay exception Evid.R. 803(2)/excited utterance R.C. 2923.03/complicity aiding and abetting instruction ineffective assistance of counsel sufficiency motion for acquittal manifest weight R.C. 2929.14(C)(4)/consecutive sentences. The witness's statements were determined to be nontestimonial and excited utterances and fell under the hearsay exception. Security videos and appellant's behavior before and after the crime established appellant's complicity to commit the crime. The trial court's aiding and abetting instruction to the jury was proper. Appellant failed to show that other evidence existed outside of what was presented at trial appellant's counsel zealously represented appellant both pretrial and during trial. Appellant's counsel's performance did not fall below an objective standard of reasonable representation. Appellant was shown to be an aider and abbetor and was complicit in the crime. The state provided sufficient evidence that appellant acted in concert with the shooters. Additionally, appellant failed to comply with the requirements for maintaining his CCW license. Sufficient evidence supported appellant's carrying a concealed weapon conviction. The jury, as trier of fact, was aware of the witness's criminal records, however, the jury found their testimony credible. Appellant's convictions were not against the manifest weight of the evidence. The trial court made the necessary sentencing findings for consecutive sentences and also corrected on the record its misstatement of the total number of years appellant must serve. Appellant's consecutive sentences are not contrary to law.