State v. Atkins
2017 Ohio 7282
| Ohio Ct. App. | 2017Background
- On Sept. 23, 2016, Joshuia Bursey entered Second National Bank (Celina, OH), told teller Allison Byron “this is a robbery, put the money in the bag,” and left with $6,692; Byron testified she was fearful and trembling.
- Bursey admitted the robbery at trial and testified that Atkins recruited/planned the robbery, supplied drugs, rented the getaway car, and split the proceeds with co-defendants Timothy Rios and Atkins.
- Surveillance video and witness testimony placed Atkins with Rios and Bursey near the bank just before the robbery.
- Atkins was indicted on Robbery (R.C. 2911.02(A)(3)/2911.02(B), felony 3rd) and Theft (felony 5th); convictions were entered for both counts and merged; Atkins appealed only the robbery conviction.
- Atkins moved for acquittal at close of the State’s case (Crim.R. 29); the motion was denied and Atkins did not present a defense.
- The trial court sentenced Atkins to 30 months imprisonment (credit for 153 days) and restitution; the Third District affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved the "force" element of robbery (R.C. 2911.02(A)(3)) and whether Atkins' conviction is supported by sufficient evidence / against the manifest weight | The State: Bursey’s verbal command and teller’s fearful compliance constituted "force" (any compulsion); Atkins aided/abeted and conspired to commit the robbery, so is criminally responsible | Atkins: The State failed to prove the element of force (no weapon, no physical violence) so conviction is unsupported and against the manifest weight | Court: Affirmed. Verbal command plus victim’s fear satisfies statutory definition of force; evidence supports that Atkins solicited/procured/aided and abetted the robbery; conviction not against manifest weight |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (sufficiency review standard) (establishes the Jackson/ Jenks standard for sufficiency)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency review: whether any rational trier of fact could find guilt beyond a reasonable doubt)
- State v. Thomas, 70 Ohio St.2d 79 (credibility and weight of evidence are for the trier of fact)
- State v. DeHass, 10 Ohio St.2d 230 (same)
- State v. Eskridge, 38 Ohio St.3d 56 (manifest-weight review standard)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (describing the appellate court’s role as the "thirteenth juror" on manifest-weight review)
- State v. Martin, 20 Ohio App.3d 172 (insufficient-evidence claim is a question of law; appellate court does not weigh evidence)