2022 Ohio 4616
Ohio Ct. App.2022Background
- Defendant Edward J. King was indicted for one count of breaking and entering (R.C. 2911.13(A)) arising from a June 24, 2020 visit to property owned by Gary Shamblin and Deborah Adams.
- Adams and Shamblin testified they did not give King (or co-defendant James Wooten) permission to be on the property; Adams found the cellar-house door open and personal items and tool containers disturbed and staged as if for removal.
- Sergeant Frank Stewart observed King near/standing in the cellar-house doorway; King and Wooten initially said they had permission but could not produce contact for Shamblin.
- King testified he was there with Wooten to look at junk cars (to assess value), denied entering the cellar or trailer, and denied touching tools; he gave inconsistent statements about whether he believed he had permission.
- A jury convicted King; the court imposed five years community control (with a reserved 12‑month sentence) and no-contact and cost/supervision conditions. King appealed, raising (1) insufficient evidence, (2) manifest-weight, and (3) ineffective assistance for failure to renew a Crim.R. 29 motion.
Issues
| Issue | State's Argument | King's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to prove breaking & entering (entry by force/stealth/deception) | Evidence (owners' testimony of no permission; cellar door open; items disturbed; officer saw King at doorway) supports trespass by stealth and intent to commit theft, and King acted as a principal | Only two men were present; the State charged King as a principal but did not request a complicity instruction; King argued insufficient proof he was the principal or that entry occurred by force/stealth/deception | Court held the evidence—direct and circumstantial—was sufficient to prove trespass by stealth and intent to commit theft; conviction affirmed |
| Manifest weight of the evidence | Witness testimony and physical observations were credible and consistent to support conviction | King’s testimony that he was there only to inspect cars was more credible; jury lost its way | Court concluded the jury did not lose its way; weight of evidence supports conviction |
| Ineffective assistance for failure to renew Crim.R.29 motion | Even if counsel erred, the evidence was sufficient so no prejudice occurred | Counsel’s failure to renew Crim.R.29 at close of all evidence was deficient performance and prejudiced King’s ability to challenge sufficiency on appeal | Court rejected the ineffectiveness claim because sufficiency and weight claims fail on the merits; no prejudice shown; conviction affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes constitutional sufficiency standard)
- Strickland v. Washington, 466 U.S. 668 (two‑prong test for ineffective assistance of counsel)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio standard for sufficiency of the evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (distinguishes sufficiency from manifest weight review)
- State v. Roe, 41 Ohio St.3d 18 (discussion of waiver for Crim.R.29 motions)
- State v. Jones, 91 Ohio St.3d 335 (preservation of sufficiency argument despite trial practice)
- State v. Carter, 64 Ohio St.3d 218 (preservation of sufficiency argument despite procedural defaults)