State v. Johnson
119 N.E.3d 914
| Ohio Ct. App. | 2018Background
- Johnson was indicted on four counts: Count 1 attempted felony murder, Counts 2–4 aggravated arson (Counts 2 & 3 first-degree; Count 4 second-degree). Bench trial resulted in convictions on all counts.
- Trial court merged Counts 1 and 2 and sentenced Johnson to consecutive prison terms: 10 years (Count 1), 10 years (Count 3), 7 years (Count 4) — aggregate 27 years; $5,000 restitution to victim S.A. ordered.
- Evidence: victim S.A. testified Johnson poured a gasoline-like liquid through a basement window, igniting a fire that spread to her bed; uncle K.P. corroborated seeing Johnson near his car leaving the scene; fire investigator detected accelerant and burn patterns consistent with an ignited liquid. Cell records placed Johnson near the scene.
- Defense presented an alibi witness and attacked witness credibility and the investigator’s methods; no contemporaneous objection to investigator’s expert testimony was recorded.
- Appellate disposition: affirmed aggravated arson convictions and consecutive sentences on Counts 3 and 4; vacated Count 1 (attempted felony murder) as void; remanded for resentencing on Count 2 and for an evidentiary hearing on restitution (reversing the $5,000 award).
Issues
| Issue | State's Argument | Johnson's Argument | Held |
|---|---|---|---|
| Validity of attempted felony murder conviction | Conviction proper under attempted murder statute | Attempted felony murder is a cognizable offense | Vacated: attempted felony murder is not a cognizable offense under Ohio law (Nolan); conviction and sentence on Count 1 void; remand for resentencing on merged Count 2 |
| Manifest weight / sufficiency of aggravated arson convictions | Evidence (victim ID, burn patterns, accelerant detection, phone records) supports convictions | Victim and uncle not credible; evidence insufficient to prove knowledge and substantial risk | Affirmed: convictions for aggravated arson supported by sufficient evidence and not against manifest weight |
| Admissibility and reliability of fire investigator’s expert opinion | Investigator was qualified by training/experience; PID readings and scene observations reliable | Investigator lacked required specialized training; methods not scientifically validated | Overruled: trial court did not abuse discretion admitting expert testimony; no plain error shown given corroborating evidence |
| Consecutive sentences (post-merger vacatur of Count 1) | Consecutive terms necessary to protect public and proportionate to conduct | Record does not support findings (no deaths, home not destroyed) | Affirmed for Counts 3 & 4: court made required statutory findings and record supports them; remand only for resentencing Count 2 due to vacated Count 1 |
| Restitution amount ($5,000 to S.A.) | Amount supported by victim’s statement and victim impact form | No competent, credible evidence (receipts/estimates) to fix amount | Reversed: amount not supported by competent evidence; remanded for evidentiary hearing to determine restitution amount |
Key Cases Cited
- State v. Nolan, 141 Ohio St.3d 454 (2014) (held attempted felony murder under R.C. 2903.02(B) is not a cognizable offense)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (standard for manifest-weight review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review)
- State v. Miller, 80 Ohio St.3d 607 (1998) (expert-opinion admissibility and reliability principles)
- State v. Solomon, 59 Ohio St.3d 124 (1991) (Evid.R. 703 and expert reliance on perceived facts)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (requirements for trial court findings when imposing consecutive sentences)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standard of review for felony sentencing under R.C. 2953.08(G))