State v. Franklin
2012 Ohio 4822
Ohio Ct. App.2012Background
- Defendant-appellant Franklin appeals his conviction for attempted murder from the Cuyahoga County Court of Common Pleas.
- Victim Andre Blackmon testified Franklin approached him on Blackmon’s porch, asked about Franklin’s former relationship with Toria Allen, and threatened or questioned Allen’s whereabouts.
- Allen testified she did not want to leave with Franklin; she and Blackmon backed away as Franklin kept a hand inside his hoodie pocket.
- Franklin pulled a gun from his sweatshirt, fired twice at Blackmon from close range, striking both legs and fracturing Blackmon’s femur.
- Two spent casings were recovered near the front steps; Franklin fled the scene and was later indicted on multiple counts including attempted murder and felonious assault.
- Jury found Franklin guilty of attempted murder, felonious assault, and carrying a concealed weapon; sentence totaled 12 years; Franklin challenged the attempted murder conviction on sufficiency and manifest weight grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support attempted murder | State argues evidence showed intent to kill given proximity and shooting at close range | Franklin contends the evidence does not prove intent to kill beyond a reasonable doubt | Overruled; evidence viewed in prosecution’s favor supports intent to kill |
| Conviction not supported by the manifest weight of the evidence | State asserts trial evidence supports guilt and credibility findings | Franklin claims the verdict misweighs the evidence and contradicts his testimony | Overruled; record supports the jury’s verdict and credibility determinations |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sufficiency review; test for evidence viewed in light most favorable to prosecution)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency standard; ‘beyond a reasonable doubt’ as the standard of proof)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (credibility and weight of evidence; jury's province)
- State v. Brown, 8th Dist. No. 92814, 2010-Ohio-661 (2010) (intent to kill can be inferred from circumstances; close-range shooting)
- State v. Wilson, 8th Dist. No. 96098, 2011-Ohio-5653 (2011) (surrounding circumstances may show intent to kill)