State v. Williams

Citations

• 2020 Ohio 269

Syllabus

R.C. 2945.71(C)(2)/speedy trial vindictive sentence sufficiency Crim.R. 29/motion for acquittal Crim.R. 8(A)/joinder manifest weight. A case overturned on appeal does not restart the time for calculating speedy trial time appellant's actions and filing of numerous motions is attributed to almost all of the continuances in this case. There was no constitutional violation of appellant's speedy trial rights. The trial court issued a comprehensive journal entry that detailed the sources the trial court used to determine an adequate and appropriate sentence, including material that was not available to the trial court that originally sentenced appellant. The totality of the trial court record does not reveal any vindictiveness to appellant by the sentencing judge. Witness testimony, physical evidence, possession of the victim's property, and appellant's apology to one of the victims outside of the courtroom was sufficient enough evidence to sustain appellant's convictions. Appellant failed to show that he was prejudiced by joining the offenses for trial. Appellant's trial counsel questioned the witness regarding inconsistencies about appellant's complexion and the type of vehicle driven by appellant. The jury was in the best position to determine the witness's credibility. Appellant's convictions were not against the manifest weight of the evidence.