State v. Alexander, 2011 Ohio 4911

Alexander was convicted of felonious assault on a peace officer with a firearm specification and carrying a concealed weapon in B-0903031; he was also convicted of two counts of aggravated robbery with firearm specifications, two counts of having weapons while under a disability, and two counts of vandalism in B-0903658.
In C-100593, Alexander challenged the felonious assault conviction; in C-100594, he challenged the other convictions but those challenges were not asserted on appeal.
Three officers on bicycle patrol encountered Alexander, who fled after concealing something in his waistband; he pulled a loaded firearm, aimed at an officer, and was shot when the officer fired in self-defense.
The court analyzed whether the evidence was sufficient to prove that Alexander knowingly attempted to cause serious physical harm to a police officer by means of a deadly weapon, applying established sufficiency standards from prior cases.
The trial court’s findings were sustained; C-100593 affirmed, and C-100594 was dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was sufficient evidence of intent to cause serious physical harm	Alexander contends evidence is insufficient under Brooks	Alexander’s actions were strongly corroborative of intent to harm, given flight, weapon access, and targeting of an officer	Insufficient per Brooks? No; sufficient; conviction affirmed

State v. Brooks, 44 Ohio St.3d 185 (1989) (necessity of evidence beyond mere pointing a gun to prove felonious assault)
State v. Woods, 48 Ohio St.2d 127 (1976) (substantial step requires strongly corroborative conduct)
State v. Green, 58 Ohio St.3d 239 (1991) (pointing a firearm plus an express threat supports felonious assault)
State v. Seiber, 56 Ohio St.3d 4 (1990) (intent to cause physical harm may be inferred from circumstances)
State v. Waddy, 63 Ohio St.3d 424 (1992) (sufficiency standard for criminal liability following Jackson v. Virginia)
State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency review after Jackson; elements defined)