State v. Carter
2013 Ohio 3754
Ohio Ct. App.2013Background
- On March 19, 2012, shots were fired from a gray/silver Chevy past 711 Cleverly Road; three bullets struck a porch occupant (Bridgette) and several rounds hit the house. Victims identified Robert Carter as the driver/shooter.
- Witnesses (Vanessa and Sam) saw the car and identified Carter driving; Sam earlier heard Carter say he would "go get my gun." Photo lineups later identified Carter. Carter made jail calls discussing the incident and offered money to Vanessa to change her testimony or not appear.
- Defense presented an alibi (Carter allegedly at his nephew’s house) and testimony that a witness told Carter’s mother she could not identify the shooter; the witness denied that statement.
- After a two-day bench trial, Carter was found guilty of two counts of felonious assault, improperly discharging a firearm at/into a habitation, and discharging a firearm on/near prohibited premises, each with firearm specifications.
- The court merged counts and specifications and sentenced Carter to concurrent eight-year terms plus a consecutive five-year firearm specification, totaling 13 years, and ordered court costs.
- On appeal Carter challenged (1) identity/manifest weight of the evidence and (2) imposition of court costs without advising him he could be required to perform community service if he failed to pay; the state conceded the second error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions are against the manifest weight of the evidence (identity issue) | State: eyewitness IDs, pre-shooting statements, and Carter’s jail calls support conviction | Carter: prosecution failed to prove he was the shooter; alibi and conflicting testimony undermine ID | Court: Not against manifest weight; trial court reasonably believed state witnesses and evidence of consciousness of guilt |
| Whether court erred by imposing court costs without advising possibility of community service in lieu of payment | State: (conceded) statute required notice; state acknowledged lack of required advisement | Carter: sentencing court failed to inform him he could be required to perform community service if he did not pay costs | Court: Error; sustained. Court modified sentence to eliminate any possibility Carter could be compelled to perform community service in lieu of paying costs |
Key Cases Cited
- State v. Lang, 129 Ohio St.3d 512, 954 N.E.2d 596 (2011) (articulates standard for manifest-weight review)
- State v. Thompkins, 78 Ohio St.3d 380, 678 N.E.2d 541 (1997) (discusses definition and standard for manifest-weight claims)
- State v. Antill, 176 Ohio St. 61, 197 N.E.2d 548 (1964) (trier of fact may accept or reject witness testimony and credibility determinations)