State v. Floyd
2017 Ohio 386
| Ohio Ct. App. | 2017Background
- Allen T. Floyd was tried in a bench trial on an 18‑count indictment arising from four armed carjackings/robberies and related offenses in September 2015; he was convicted on all counts and sentenced to 16 (trial court) later affirmed as 12 years by this court.
- Victims included Nogueras/Hernandez (Sept. 6), Mary Cornely (Sept. 28), Hannah Moses (Sept. 29), and Capt. Deberra Schroeder (Sept. 29); several victims positively identified Floyd at trial.
- Police recovered a stolen red Hyundai (Cornely’s) when arresting Floyd; Moses’s cancelled checks/receipts were found in that vehicle’s glove compartment; Floyd’s sister, Tanashia Bradley, was identified as an accomplice and apprehended fleeing the car.
- Floyd waived his right to a jury trial in open court by signing a written waiver and confirming the waiver on the record in the presence of counsel.
- Trial evidence included victim identifications, the recovered stolen vehicle and Moses’s property, surveillance images, and police testimony; no firearm was recovered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of jury‑waiver colloquy | Waiver was valid: signed, in open court, defendant confirmed knowingly and voluntarily | Colloquy was insufficient to show Floyd understood implications of waiving jury | Waiver valid — compliance with Lomax: writing, signature, filed, part of record, made in open court; defendant acknowledged waiver in presence of counsel |
| Sufficiency of evidence (Moses & Schroeder incidents) | Circumstantial evidence, possession of stolen vehicle and Moses’s items, similar modus operandi and accomplice ID support convictions | Insufficient ID/evidence to tie Floyd to those specific robberies | Sufficient: unexplained possession of recently stolen property and corroborating facts permit inference of guilt; jury (bench) could find essential elements proven |
| Manifest weight re: convictions and firearm specifications/under‑disability counts | Victim testimony and circumstances (brandishing/indicating a gun) support operability and weapon‑specifications; convictions supported | No firearm recovered; operability not proven by test‑firing or recovery — specifications and disability counts unsupported | Not against manifest weight: brandishing/representations and surrounding circumstances permitted inference weapon was operable; convictions and firearm specifications upheld |
| Admission of juvenile‑conviction details | State elicited testimony and admitted journal entries beyond stipulated existence of juvenile convictions | Admission of the nature/name of juvenile convictions was improper when defendant stipulated to disability | Error to admit details of juvenile convictions beyond the stipulation, but no plain error: evidence against Floyd overwhelming and bench trial court presumed to consider only admissible evidence |
| Ineffective assistance (failure to move to sever counts) | Joinder was proper under Crim.R. 8; incidents were similar in character and would be admissible as other‑acts evidence | Failure to seek separate trials prejudiced Floyd | No prejudice shown; joinder favored and evidence was simple/direct; counsel not ineffective |
Key Cases Cited
- State v. Lomax, 114 Ohio St.3d 350 (explains requirements for a valid jury‑waiver in open court)
- State v. Jells, 53 Ohio St.3d 22 (no mandatory extended colloquy required for jury waiver)
- State v. Thompkins, 78 Ohio St.3d 380 (sufficiency and manifest‑weight standards; firearm specification may be proven circumstantially)
- State v. Nicely, 39 Ohio St.3d 147 (circumstantial evidence can support conviction)
- Methard v. State, 19 Ohio St. 363 (unexplained possession of recently stolen property supports inference of guilt)