State v. Watts

Citations

• 2023 Ohio 1394

Syllabus

COMPLICITY – ROBBERY – EVIDENCE – SENTENCING: The evidence was sufficient to support defendant's conviction for aggravated robbery as an aider and abettor and the conviction was not against the manifest weight of the evidence where two passengers were riding in his car and one was openly carrying a rifle, defendant's car followed the victim from a gas station to a relative's house and then to the victim's house, one perpetrator hit the victim in the head with a gun, both began to hit him while he on the ground, one took the victim's wife's phone, and both men fled the scene in defendant's car. The trial court erred in sentencing defendant on both a one-year firearm specification and a three-year firearm specification where both specifications were attached to the same underlying count. The trial court erred in including as part of the sentence an order requiring defendant to stay away from the victim because a no-contact order is a community-control sanction and the court imposed a prison term, and therefore, it was not authorized to impose a community-control sanction.