State v. Martin
2014 Ohio 4447
Ohio Ct. App.2014Background
- Appellant Iramac S. Martin was convicted after a jury trial of aggravated robbery (R.C. 2911.01) and robbery (R.C. 2911.02).
- Indictment charged aggravated robbery and two counts of robbery; Count 3 was dismissed before trial.
- Evidence centered on a September 27–28, 2013 robbery of James Taylor in downtown Columbus, including description and identification of appellant.
- Taylor testified he was robbed at gunpoint or by a black metallic object; a knife was later recovered by police in a recycling bin nearby.
- Police recovered $67 from appellant; victim identified appellant at scene and in trial; trial court denied Crim.R. 29 motions; jury convicted and the court merged counts and sentenced appellant.
- Appellant appeals the Crim.R. 29 judgment of acquittal denial, arguing insufficiency or manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was sufficient to convict for aggravated robbery and robbery. | Martin | Martin contends insufficient/weightful evidence | Convictions supported; not insufficient or weighty error |
Key Cases Cited
- State v. Carter, 2006-Ohio-2823 (8th Dist. 2006) (standard of review for Crim.R. 29 sufficiency)
- State v. Tenace, 109 Ohio St.3d 255 (Ohio Supreme Court 2006) (sufficiency standard aligns with Jenks; CV review)
- Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review (jury verdict sustained if any rational trier could convict))
- State v. Vasquez, 2014-Ohio-224 (10th Dist. 2014) (manifest weight review requires weighing entire record; not substitute weighing by appellate court)
- State v. Newbern, 2004-Ohio-3694 (10th Dist. 2004) (recovery of weapon or money not required to sustain conviction)
