State v. DeBorde
2014 Ohio 761
Ohio Ct. App.2014Background
- Defendant-appellant Tommy DeBorde was convicted in Butler County Court of Common Pleas of robbery (R.C. 2911.02(A)(1)).
- The alleged robbery occurred October 14, 2012, with about $34 taken from a wallet and a knife brandished during the fleeing.
- Witnesses Smith and Atwood testified they observed DeBorde take the wallet, money, and flee after discovering the loss.
- Police recovered $35 in DeBorde's possession; the knife was not recovered.
- The defense moved for acquittal under Crim.R. 29; the jury found DeBorde guilty and he was sentenced to five years’ imprisonment.
- On appeal, DeBorde challenges the sufficiency of the evidence and the manifest weight of the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | DeBorde argues no theft, no deadly weapon, and no unlawful immediacy. | Evidence did not prove theft or weapon use during flight. | Evidence sufficient: theft proven, weapon proven, and immediate flight established. |
| Manifest weight of the evidence | Witness credibility issues undermine the verdict. | Unreliable witnesses show the jury clearly lost its way. | Conviction not against the manifest weight; credibility for the jury to resolve. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for reviewing sufficiency of evidence)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency review framework)
- State v. Dixon, 2007-Ohio-5189 (12th Dist. Clermont) (rational trier of fact may find elements beyond reasonable doubt)
- State v. Whitaker, 2009-Ohio-926 (12th Dist. Butler) (definition of fleeing and immediacy in context)
- State v. Thomas, 2005-Ohio-4106 (Ohio) (Thomas on immediacy and flight after theft)
- State v. Pringle, 2008-Ohio-5421 (12th Dist. Butler) (knife as a deadly weapon when used to threaten)
- State v. Cramer, 2004-Ohio-1712 (Butler App.) (deadly-weapon definition and use)
- State v. Beasley, 2006-Ohio-4882 (8th Dist. Cuyahoga) (knife brandished as deadly weapon)
- State v. Collins, 2011-Ohio-2944 (10th Dist. Franklin) (possession of weapon during theft supports robbery)
- State v. Hunter, 2008-Ohio-3138 (8th Dist. Cuyahoga) (possession and use of weapon during pursuit)