State v. Degenero
2016 Ohio 8514
Ohio Ct. App.2016Background
- Devon Degenero was charged with robbery after surveillance showed him leave a Lowe’s with two DeWalt drill kits; a cashier, Jacqueline Taylor, testified he shoved one kit into her face and hit her with the other while fleeing.
- Taylor suffered a swollen cheek and arm scratches; she identified Degenero from a photo lineup and the jury viewed store surveillance video and stills.
- Degenero fled in a pickup driven by John Justice; Justice testified he did not know about any theft and drove away after Degenero jumped in.
- A jury convicted Degenero of robbery under R.C. 2911.02(A)(3) & (B); he was sentenced to 24 months and restitution.
- On appeal Degenero raised two assignments: (1) the trial court erred by denying his purported request to discharge counsel and proceed pro se on the day of trial, and (2) his conviction was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of request for self-representation | State: court properly managed trial and preserved orderly proceedings; no clear, timely invocation of Faretta right | Degenero: trial court refused his request to fire appointed counsel and proceed pro se on day of trial | Court: Degenero never clearly and unequivocally invoked the right to proceed pro se; request not timely and was raised by counsel; denial not error |
| Manifest weight of the evidence (use of force) | State: Taylor’s testimony plus video and photos support finding Degenero used force in committing the theft | Degenero: any contact was incidental and Taylor blocked exit; video does not show use of force | Court: jury reasonably credited Taylor and surveillance; conviction not against manifest weight |
Key Cases Cited
- State v. Gibson, 45 Ohio St.2d 366 (1976) (waiver of counsel must be voluntary, knowing, and intelligent)
- Faretta v. California, 422 U.S. 806 (1975) (right to self-representation)
- State v. Cassano, 96 Ohio St.3d 94 (2002) (self-representation must be clear, unequivocal, and timely)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (deference to trier of fact on witness credibility)