State v. Lopane
2019 Ohio 4660
Ohio Ct. App.2019Background
- Two separate Summit County cases: CR-2017-04-1451 (bench trial) and CR-2018-05-1557 (guilty plea). Appeals consolidated.
- In CR-2017-04-1451 Lopane was convicted after a bench trial of having weapons while under disability (R.C. 2923.13(A)(2)); aggravated menacing acquittal on Crim.R. 29.
- In CR-2018-05-1557 Lopane pleaded guilty to amended counts (aggravated assault and attempted aggravated drug trafficking); transcript shows other charges and specifications were dismissed but the judgment entry contained clerical errors.
- Key contested facts from April 23, 2017: neighbors heard a gunshot; officers recovered two handguns after Lopane’s wife directed a search; Lopane initially denied but later admitted to police and in a jail call that he fired a black .22 as a warning.
- Lopane’s wife testified she purchased the guns and fired the shot; she claimed Lopane took blame to protect her. Lopane argued insufficiency and manifest-weight errors because no juvenile eyewitnesses testified and wife said she fired.
- Court affirmed Lopane’s weapons-under-disability conviction (finding the admissions and other evidence sufficient and not against the manifest weight) but remanded CR-2018-05-1557 for a nunc pro tunc entry correcting dismissal/specification errors.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Lopane) | Held |
|---|---|---|---|
| Sufficiency: proof that Lopane "knowingly acquired, had, carried, or used" a firearm under R.C. 2923.13(A)(2) | Lopane admitted to police and in jail call he fired the black .22; guns recovered and neighbors heard a shot | Admission unreliable because wife said the gun was hers and fired it; no juvenile witnesses testified and no forensic testing | Affirmed — evidence sufficient; Lopane's admissions and surrounding evidence support conviction |
| Manifest weight: whether conviction shocks the conscience given conflicting testimony | The trier of fact could credit Lopane’s admissions and disbelieve defense testimony; credibility decisions are for the factfinder | Wife’s trial testimony that she fired the shot shows the conviction is against the manifest weight | Affirmed — appellate court will not substitute its judgment for the factfinder; no manifest miscarriage of justice |
| Clerical error / Judgment entry accuracy in CR-2018-05-1557 | Transcript shows the court dismissed specifications and other counts; judgment entry failed to reflect those dismissals | (Raised on appeal) entry contains typographical/clerical errors inconsistent with transcript | Remanded for the trial court to issue a nunc pro tunc entry correcting the judgment entry |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (establishes the sufficiency-of-the-evidence standard in Ohio)
- State v. Otten, 33 Ohio App.3d 339 (sets forth the Ohio manifest-weight standard)
- State v. Thompkins, 78 Ohio St.3d 380 (discusses appellate review when verdict is against manifest weight)
- Tibbs v. Florida, 457 U.S. 31 (explains appellate court acting as a "thirteenth juror" on weight review)