State v. Collins
2015 Ohio 5175
Ohio Ct. App.2015Background
- Lorain County burglary case; items stolen from Regina Avenue home included a Smith & Wesson .9mm handgun.
- Collins was arrested August 16, 2013, and admitted to burglary and stealing items, including the firearm.
- Indictment in January 2014 charged burglary with firearm specification, having a weapon under disability, and carrying a concealed weapon.
- Trial proceeded as a bench trial after a Crim.R. 29 motion was denied; Collins did not testify.
- The court merged the carrying a concealed weapon conviction with the having a weapon under disability conviction and imposed multiple sentences totaling four years.
- Collins appeals challenging the sufficiency and weight of the evidence for the weapon-under-disability, concealed-weapon, and firearm-specification convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the firearm-specification evidence | Collins | State | Firearm specification supported by circumstantial evidence. |
| Sufficiency/weight of having-a-weapon-under-disability | Collins | State | Supported; valid inference from admission and testimony. Logic supports operability. |
| Sufficiency/weight of carrying a concealed weapon | Collins | State | Insufficient evidence to prove concealed and readily accessible firearm; conviction reversed. |
Key Cases Cited
- Thompkins v. State, 78 Ohio St.3d 380 (1997) (sufficiency and manifest weight standards; de novo review for sufficiency)
- Jenks v. United States, 61 Ohio St.3d 259 (1991) (standard for determining sufficiency; evidence viewed in light most favorable to prosecution)
- Otten v. Baltimore & Ohio, 33 Ohio App.3d 339 (1986) (manifest weight review guidance; rare reversal for weight)
- State v. Ervin, 93 Ohio App.3d 178 (1994) (firearm specification statute governing operability/ready at hand)
- State v. Mays, 6th Dist. Lucas No. L-12-1173, 2013-Ohio-3553 (2013) (operability of firearm defined; implied knowledge paradigm)
- State v. Jackson, 169 Ohio App.3d 440 (2006) (circumstantial evidence admissible to prove firearm elements)
- State v. Davis, 115 Ohio St.3d 360 (2007) (definition of concealment and ready at hand; proximity)