2014 Ohio 1351
Ohio Ct. App.2014Background
- On Nov. 23, 2011, Robert Shaffer and his mother Michele Holmes were shot multiple times in their Youngstown home; both survived.
- Shaffer and Holmes identified one shooter as Sherrick Jackson; Shaffer later identified appellant Dawan Fuller in court but not in a pretrial photo lineup.
- Neighbors Brandon Randall and Jamie Seaman testified Fuller and Jackson were together at Randall’s house shortly before the shooting, and Randall saw both men standing over the victims after the shooting.
- Jackson (Fuller’s brother) pleaded guilty and testified at Fuller’s bench trial that he acted alone and Fuller was at home; his account conflicted with other witnesses.
- The trial court convicted Fuller of two counts of attempted murder and two counts of felonious assault with firearm specifications; the court merged allied offenses at sentencing and imposed consecutive terms totaling 26 years.
- On appeal, Fuller challenged (1) identity/manifest weight of the evidence, (2) admission of an in-court identification, and (3) sentencing (allied-offense merger and consecutive sentences).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction is against the manifest weight of the evidence (identity) | State: multiple witnesses corroborate that Fuller and Jackson were present and shot the victims | Fuller: only Jackson (an eyewitness) testified Fuller was not there; other testimony is inconsistent or tainted | Court: Affirmed conviction — weight of evidence supports identity; factfinder could discredit Jackson |
| Admissibility of Shaffer’s in-court identification | State: prior ambiguous photo statement did not require suppression; pretrial media exposure (if any) affects credibility, not admissibility | Fuller: Shaffer’s in-court ID was tainted because he previously failed to ID Fuller and learned Fuller’s name from media | Court: No abuse of discretion in admitting the in-court ID; any pretrial exposure goes to weight, and bench court could consider that |
| Whether trial court violated R.C. 2941.25 by sentencing on allied offenses | State: court merged allied offenses at sentencing and imposed sentence only on attempted murder counts | Fuller: court should have elected or only sentenced one allied offense; judgment entry improperly lists sentences for felonious assault as 10 years (exceeds statutory max) | Court: Trial court complied with merger at sentencing hearing; errors in judgment entry were clerical and correctable — conviction affirmed |
| Validity of consecutive sentences (statutory findings) | State: imposed consecutive terms at sentencing | Fuller: trial court failed to make required R.C. 2929.14(C)(4) findings for consecutive sentences | Held: Reversal of sentence and remand — court failed to make the statutorily required consecutive-sentence findings (plain error) |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility determinations are for the trier of fact)
- State v. Damron, 129 Ohio St.3d 86 (Ohio 2011) (definition of conviction for allied-offense analysis)
- State v. Whitfield, 124 Ohio St.3d 319 (Ohio 2010) (allied-offense framework referenced)
- State v. Noling, 98 Ohio St.3d 44 (Ohio 2002) (plain-error standard for Criminal Rule 52(B))