2022 Ohio 4416
Ohio Ct. App.2022Background:
- On July 9, 2019, Secarr Flow arranged an armed robbery of a marijuana seller; two companions in the seller's car were shot—one (Driver) was partially paralyzed and one (Boyfriend) later died.
- Flow, Dai Johntae King, and juvenile B.M. were implicated; juvenile B.M. admitted participation in juvenile proceedings and testified for the State under a proffer agreement.
- Evidence included witness 911/Ring video, phone contacts linking Flow to the seller, social-media posts tying Flow/King/B.M., recovery of a 9mm and a Hi-Point .40, and ballistics indicating multiple firearms were used.
- Indictment charged Flow with murder (alternative counts), aggravated robbery, three counts of felonious assault, firearm specifications, and participating in a criminal gang; the gang-count was severed from the jury trial and Flow was later acquitted of it in a bench proceeding.
- Jury convicted Flow of complicity in felony murder, aggravated robbery (merged at sentencing), three counts of complicity in felonious assault, and firearm specifications; trial court sentenced Flow to 15 years-to-life (murder), 8–12 years (one felonious assault), 4 years (second felonious assault), plus firearm terms.
- On appeal the Sixth District affirmed the convictions but reversed in part: it remanded for resentencing to comply with the Reagan Tokes requirements for second-degree felonies and to compute/enter an aggregate sentencing range under R.C. 2929.144.
Issues:
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Flow) | Held |
|---|---|---|---|
| 1. Compliance with Reagan Tokes / R.C. 2929.14(A)(2) & 2929.144 | Sentencing was proper; cross-appeal notes same issue | Trial court failed to impose minimum and maximum for one second-degree felonious-assault count and omitted aggregate range | Reversed in part and remanded: trial court must impose min/max for the second-degree count and compute/enter aggregate range per R.C. 2929.14(A)(2) and 2929.144 |
| 2. Admission of gang-related evidence (Evid. R. 404(B) & notice) | Gang-association evidence was relevant to identity, relationships, motive, and connection to recovered firearms; lack of pretrial notice excused by late severance and not in bad faith | Trial court abused discretion: gang evidence was propensity evidence, prejudicial, and State failed to give reasonable Evid.R. 404(B) notice | Affirmed: admission was within discretion; lack of pretrial 404(B) notice was not bad faith and any error harmless; evidence limited and probative for identity/relationships; limiting instruction reduced prejudice |
| 3. Denial of Crim.R. 29 motion (sufficiency) | Evidence (planning, phone contacts, B.M. testimony, physical/ballistic evidence) was sufficient to prove complicity, felonious assault, and felony murder | Evidence insufficient to support convictions | Affirmed: viewing evidence in favor of State, a rational trier of fact could find essential elements proven beyond a reasonable doubt |
| 4. Manifest-weight challenge | Witness inconsistencies and plea-based motivation do not render verdict against manifest weight; jury properly assessed credibility | Convictions against manifest weight due to reliability issues with juvenile B.M. and inconsistent evidence | Affirmed: jury was best positioned to weigh credibility; evidence did not create extraordinary miscarriage of justice |
Key Cases Cited
- State v. Williams, 983 N.E.2d 1278 (Ohio 2012) (three-step test for admissibility of other-acts evidence under Evid.R. 401/403/404)
- State v. Conway, 848 N.E.2d 810 (Ohio 2006) (trial-court evidentiary rulings reviewed for abuse of discretion)
- State v. Issa, 752 N.E.2d 904 (Ohio 2001) (standards on admission of evidence and abuse-of-discretion review)
- State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (sufficiency-of-the-evidence standard for criminal convictions)