State v. Collins, 41 N.E.3d 899

Defendant Edmund Collins was convicted by a Warren County jury of improperly discharging a firearm into a habitation with a firearm specification and tampering with evidence, and was sentenced to five years in prison with $4,689 restitution.
The offenses stemmed from October 12, 2013 shootings near Pioneer Village Road by a white Ford F-150; Helen Walker's home sustained bullet holes and property damage after she had recently moved in with her daughter.
Co-defendant John Weaver testified for the State; eyewitnesses and law-enforcement corroborated Weaver’s account of Collins’ involvement and disposal of a handgun and ammunition.
Investigators later located a semi-automatic handgun and ammunition matching the scene’s casings characteristics; the gun was found in a ditch about a mile away, wrapped in a towel.
The jury was instructed on complicity, and the record shows multiple witnesses corroborating the sequence of events; Collins’ conduct was framed as aiding and abetting the shooting and disposal.
Collins raised four assignments of error on appeal, including manifest weight, ineffective assistance of trial counsel, and errors related to restitution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Plain error in restitution for ability to pay	State argued court complied with law by considering ability to pay	Collins argues the court failed to consider present/future ability to pay	Restitution consideration requirement satisfied; no plain error
Restitution amount reasonable	State asserts restitution amount reasonably related to loss	Collins contends amount exceeds actual loss and is unsupported	Amount supported by record and not contrary to law
Ineffective assistance of trial counsel	State contends trial strategies were reasonable and not prejudicial	Collins claims counsel failed to pursue discovery and exculpatory video	No reversible ineffective-assistance demonstrated
Manifest weight of the evidence	State argues testimony, including Weaver’s, corroborates the conviction	Collins alleges Weaver’s inconsistent statements and intoxication undermine weight	Verdict not against manifest weight; evidence overwhelmingly supports conviction

State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility is for the trier of fact)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for direct-evidence credibility and weight of testimony)
State v. Shipley, 2006-Ohio-950 (Ohio App. 10th Dist. 2006) (weight/credibility issues fall to jury; intoxication affects credibility)
State v. McBreen, 54 Ohio St.2d 315 (Ohio 1978) (trial strategy and reasonable decisions reviewed deferentially)
State v. Crawford, 2013-Ohio-3315 (Ohio App. 12th Dist. 2013) (proper standard of review for felony sentences)
State v. Brandenburg, 2015-Ohio-2573 (Ohio App. 12th Dist. 2015) (certified conflict on restitution/ability-to-pay analysis)
State v. Christman, 2009-Ohio-6555 (Ohio App. 12th Dist. 2009) (record must show ability-to-pay consideration; omission not determinative)
State v. Kling, 2004-Ohio-3911 (Ohio App. 12th Dist. 2004) (consideration of ability to pay in restitution orders)
State v. Moore, 2007-Ohio-3472 (Ohio App. 12th Dist. 2007) (plain-error standard does not apply when statute mandates consideration)
State v. Johnson, 2014-Ohio-3776 (Ohio App. 12th Dist. 2014) (distinguishes indigence for counsel from ability to pay fines)