State v. Butler, 192 Ohio App. 3d 623

Butler was convicted as an aider and abettor on six counts: two aggravated burglary, two aggravated robbery, two kidnapping.
The court imposed concurrent sentences for groups of counts and three-year firearm specs, totaling an aggregate 18 years.
Evidence showed bounty hunters assaulted Hart and Jones; Butler allegedly aided or coordinated, including sending to a store for supplies and acting as lookout.
Surveillance video and DNA evidence linked Butler to a tan hat and to wearing a shirt matching the video scene.
Law enforcement observed a white van registered to Butler near Allen’s Lakewood property days later; victim testimony described the assault and confinement.
The court remanded for a limited hearing on court costs after sustaining a ninth assignment of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence	Butler's presence at the scene insufficient to prove liability.	Aiding and abetting requires more than mere presence; there was no overt act by Butler.	Evidence supported the elements of aggravated burglary, aggravated robbery, and kidnapping beyond a reasonable doubt.
Stealth instruction plain error	The duty to trespass by stealth was misapplied to an open-door scenario.	Instruction improperly suggested stealth; should have been narrower.	No plain error; instruction aligned with defined stealth and cannot be shown to alter result.
Ineffective assistance of counsel	Counsel failed to object to the stealth instruction.	Objection would have changed the outcome; counsel’s performance deficient.	No reversible error; evidence of guilt overwhelming; no prejudice shown.
Pre- and post-Miranda silence	Testimony about Butler’s demeanor violated rights.	Limitations on pre-arrest silence; post-Miranda silence inquiry is permissible in limited form.	Error not found; evidence did not rely on pre-arrest silence and the issue was resolved on other grounds.
Court costs sentencing	Costs were imposed in the journal entry without being addressed at sentencing.	Costs should have been addressed in open court; waiver possible but not required.	Remanded for a limited hearing on court costs to consider waivers.

State v. Diar, 120 Ohio St.3d 460 (2008) (establishes sufficiency review standard)
State v. Thompkins, 78 Ohio St.3d 380 (1991) (due process standard for sufficiency; Jackson v. Virginia standard)
State v. Jenks, 61 Ohio St.3d 259 (1991) (direct and circumstantial evidence weight in sufficiency analysis)
State v. Widner, 69 Ohio St.2d 267 (1982) (mere presence is insufficient for aiding and abetting)
State v. Cartellone, 3 Ohio App.3d 145 (1981) (aiding and abetting can be proven by overt acts)
State v. Ward, 85 Ohio App.3d 540 (1993) (stealth definition in burglary context)
State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step sentencing review after Foster)
State v. Foster, 109 Ohio St.3d 1 (2006) (severing statutory findings from sentencing; framework for review)
State v. Hodge, 128 Ohio St.3d 1 (2010) (Ice does not revive statutory consecutive-sentence findings)