State v. Jefferson
2017 Ohio 7272
Ohio Ct. App.2017Background
- Defendant Tanelle Jefferson was tried by jury and convicted of felonious assault (R.C. 2903.11(A)(2)) with a firearm specification and having weapons while under disability; total sentence 12.5 years.
- Incident: victim (wife Jeanette Ervin) attempted to leave defendant’s home after deciding to end marriage; defendant allegedly impeded her, displayed a handgun, and Ervin testified she heard a gunshot as she fled.
- Police recovered three operable firearms in the home; a .25 ACP handgun contained Hornady .25 ACP ammunition matching a spent .25 shell casing found on the lawn near the front porch.
- Defendant admitted firing a weapon earlier but gave inconsistent accounts (claimed to have shot an animal with a rifle).
- Trial court denied defendant’s Crim.R. 29 motion; jury convicted on both counts and the firearm specification. On appeal defendant challenged denial of acquittal (sufficiency) and moved that the verdict was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support felonious assault (Crim.R. 29 denial) | State: circumstantial evidence (victim’s testimony, shell casing, matching .25 caliber gun, defendant’s admissions) permits a rational juror to find attempted harm by firing toward victim | Jefferson: no direct evidence he aimed/shot at Ervin; shell not recovered; inconsistent/insufficient forensic testing | Court: Affirmed — viewed in prosecution’s favor, circumstantial evidence sufficient to permit conviction |
| Manifest weight of the evidence for felonious assault | State: investigative findings and victim credibility support verdict | Jefferson: lack of recovered projectile, no recent-fire test on gun, no gunshot residue test, no recovered alcohol bottle undermines credibility | Court: Affirmed — not an exceptional case warranting reversal; evidence does not weigh heavily against conviction |
Key Cases Cited
- State v. Brinkley, 105 Ohio St.3d 231 (2005) (Crim.R. 29 sufficiency standard discussion)
- State v. Tenace, 109 Ohio St.3d 255 (2006) (Crim.R. 29 and sufficiency standard equivalence to verdict review)
- State v. Smith, 80 Ohio St.3d 89 (1997) (definition of sufficiency review: any rational trier of fact)
- State v. Were, 118 Ohio St.3d 448 (2008) (appellate court may not weigh evidence or assess credibility on sufficiency review)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest weight standard; appellate court as thirteenth juror)