State v. Alexander
2017 Ohio 5507
Ohio Ct. App.2017Background
- On Dec. 19, 2015, inmate John Alexander III (appellant) was handcuffed and being escorted to segregation at Warren Correctional Institution by C.O. James Jones after Alexander loudly protested another inmate’s treatment.
- Alexander became agitated, ignored directives to be quiet and follow the escort, pulled away, changed direction, and collided with Jones’s shoulder.
- Jones used a balance-displacement technique to take Alexander to the ground; Alexander flailed, attempted head-butts and kicked, and ignored orders to stop resisting. Multiple officers used quadrant control, knee strikes, and pepper spray before Alexander complied.
- Alexander was indicted on third-degree felony assault on a corrections officer and fifth-degree felony obstructing official business. After a one-day bench trial, the court acquitted him of assault but convicted him of obstructing official business and sentenced him to nine months’ prison consecutive to another term.
- On appeal Alexander challenged sufficiency/weight of evidence for obstruction and argued the court failed to find the aggravating element (creating a risk of physical harm) required for a fifth-degree felony conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/manifest weight of evidence for obstructing official business (R.C. 2921.31(A)) | State: Alexander’s purposeful resistance, verbal abuse, pulling away, shoulder collision, and continued combative conduct actually interfered with and delayed officers’ performance. | Alexander: State failed to prove he acted with purpose to prevent/obstruct/delay; any delay was de minimis. | Court: Conviction upheld — evidence showed purposeful interference that made the escort more difficult; not against manifest weight. |
| Whether trial court found/entered the aggravating element (creating a risk of physical harm) required to convict/sentence as a fifth-degree felony | State: Indictment charged a fifth-degree felony and verdict and entries identified the offense as a fifth-degree felony. | Alexander: Trial court’s oral statement acquitting on assault shows it did not find he caused/attempted physical harm; thus the court did not make the specific finding required under R.C. 2921.31(B). | Court: No error — convicting "as charged" in the indictment and entries stating fifth-degree felony were sufficient to support that the element (risk of physical harm) was found beyond a reasonable doubt; inconsistent verdicts are not a problem. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency and manifest-weight standards)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
- State v. Pelfrey, 112 Ohio St.3d 422 (2007) (verdict form must state degree or that aggravating element is present)
- State v. Brown, 12 Ohio St.3d 147 (1984) (inconsistent verdicts across counts do not necessarily invalidate convictions)