State v. Hunter
2014 Ohio 4649
Ohio Ct. App.2014Background
- Defendant-appellant Peter A. Hunter was convicted in Franklin County Court of Common Pleas of two counts of aggravated robbery, plus WUD and RVO specifications, after a March 23, 2013 Travelodge robbery in Columbus, Ohio.
- Witness Devore identified Hunter as the gunman who threatened her and her son and who grabbed her purse during the robbery.
- Accompanying gunfire injured the victim’s husband, who later became a quadriplegic; police recovered evidence linking Hunter and co‑defendant Wade to the crime.
- Cash found on Hunter at arrest—$2,000 wrapped with hairbands—matched the cash allegedly taken from Devore; Wade possessed a revolver at arrest.
- The jury acquitted on felonious assault, attempted murder, and kidnapping, but found Hunter guilty of the aggravated robberies and WUD with firearm and RVO specifications.
- The trial court sentenced Hunter to an aggregate term of 27.5 years’ imprisonment, and Hunter appeals challenging sufficiency and weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence is sufficient to sustain the aggravated robbery and WUD convictions | Hunter argues insufficient evidence to prove elements beyond a reasonable doubt | Hunter contends credibility issues and lack of operable firearm evidence undermine convicts | Convictions supported by sufficient evidence |
| Whether the convictions are against the manifest weight of the evidence | Devore's credibility and inconsistent statements render the weight of the evidence insufficient | Jury could assess credibility; discrepancies do not render weight fatal | Convictions not against the manifest weight of the evidence |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for sufficiency of evidence; rational juror could find elements proven)
- State v. Robinson, 124 Ohio St.3d 76 (Ohio 2009) (sufficiency review; court views evidence in light most favorable to state)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (sufficiency standard; mathematical certainty not required)
- State v. Treesh, 90 Ohio St.3d 460 (Ohio 2001) (weight of the evidence; appellate reweighing limited)
- State v. Yarbrough, 95 Ohio St.3d 227 (Ohio 2002) (credibility not reassessed on sufficiency review)
- In re L.J., 10th Dist. No. 11AP-495 (2012) (credibility considerations in manifest weight)