State v. Yancy

Citations

• 2025 Ohio 5135

Syllabus

Admission of evidence; hearsay; excited utterance; Evid.R. 803; foundation; sufficiency of the evidence; complicity; R.C. 2923.03; aid or abet; principal offender; involuntary manslaughter; firearm specification; manifest weight of the evidence; credibility of witness; ineffective assistance of counsel; failure to assert defense; self-defense; trial strategy; nunc pro tunc; appeal perfected; trial court jurisdiction divested; R.C. 2929.14; mandatory prison sentence; R.C. 2941.145; sentencing entry differs from sentence imposed at hearing; Crim.R. 43; sentence contrary to law; plain error; cross-appeal; failure to file brief; App.R. 18(C). The trial court did not err in allowing statements made by the decedent as an excited-utterance exception to hearsay. Appellant's convictions were supported by sufficient evidence with the exception of her conviction on the five-year firearm specification attendant to the involuntary-manslaughter charge. Appellant's convictions were not against the manifest weight of the evidence, and appellant did not receive ineffective assistance of counsel. Finally, the trial court erred in failing to sentence appellant on the three-year firearm specification attendant to the aggravated-robbery count. The State's cross-appeal was dismissed because it failed to file a merit brief in support of its cross-appeal.