State v. Wilborn

Citations

• 256 N.E.3d 287
• 2024 Ohio 5003

Syllabus

Murder; drive-by shooting; planned; sufficiency of the evidence; manifest weight; involuntary manslaughter; having weapons while under disability; use of firearm by a violent career criminal; complicity; aiding; abetting; accomplice; inference stacking. - The State's use of inference stacking to prove that the defendant possessed or used a firearm was improper. Defendant's convictions upheld under a complicity theory because the evidence proved that the defendant aided and abetted in the murder and subsequent drive-by shooting at a residence. Defendant was not merely present but rather intended to participate in the armed robbery that pivoted to murder and a drive-by shooting once they believed they were being set up by the murder victim.