State v. Noble, 2021 Ohio 1062

Background

2017: Noble was convicted of burglary and placed on community control; he repeatedly violated probation (drug use, failures to report, failure to complete programs). After a fourth violation tied to using a firearm, the court found him not amenable to community control and imposed a three‑year prison term.
October 12, 2019 shooting at 547 Lawnview Ave.: victim Rodney Hipps shot in lower abdomen; 9mm shell casing found nearby; firearm never recovered.
Witnesses placed Noble at the scene before and after the shooting; Hipps identified Noble as the shooter; two passengers (the Durhams) testified Noble returned to their car and said, “Why did I just shoot him over some p*y.”
January 2020 indictment (Case No. 20‑CR‑000139): counts included carrying concealed weapons, having weapons while under disability, two counts of felonious assault, and attempted murder with firearm and repeat violent‑offender specifications.
Bench trial resulted in convictions on all counts; sentencing: concurrent 18‑month and 36‑month terms on weapons counts, mandatory 3‑year firearm specification, and an indefinite 10–15 year term on attempted murder under the Reagan‑Tokes Act; the prior three‑year theft sentence ordered to run consecutive to the shooting case.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Noble)	Held
Sufficiency of evidence (Crim.R.29)	Evidence (victim ID, shell casing, eyewitness placement, post‑shooting statements) if believed supports each element, including attempted murder.	No one saw a gun; gun not recovered; single abdomen shot insufficient to show intent to kill.	Affirmed: viewing evidence in State's favor, a rational trier could find guilt beyond a reasonable doubt.
Manifest weight of evidence	Credible testimony and circumstantial proof (close‑range shooting; firearm inherently lethal; prior confrontations) support verdict.	Greater weight of testimony shows no gun; if shot occurred it was not an attempt to kill.	Affirmed: trial court did not lose its way; witness credibility reserved to factfinder.
Constitutionality of Reagan‑Tokes Act (separation of powers, jury right, due process)	Act governs sentencing and DRC review; court applied statute as written.	Act is unconstitutional on separation‑of‑powers, jury trial, and due‑process grounds.	Not reached on merits: Noble failed to raise constitutionality below or argue plain error on appeal; court declines to decide.
Consecutive sentences (R.C. 2929.14(C))	Trial court made the required findings at sentencing and incorporated them in the entry (necessity to protect public, not disproportionate, factors under (a)–(c)).	Court erred; findings unsupported; theft sentence need not run consecutive to shooting case.	Affirmed: findings are in the record and supported; consecutive terms lawful.

Key Cases Cited

State v. Tenace, 109 Ohio St.3d 255 (Ohio 2006) (sufficiency standard for Crim.R. 29 review)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (distinguishes sufficiency from manifest‑weight review)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for reviewing sufficiency by viewing evidence in prosecution's favor)
State v. Bonnell, 140 Ohio St.3d 209 (Ohio 2014) (requirements for consecutive‑sentence findings and incorporation into the record)
State v. Awan, 22 Ohio St.3d 120 (Ohio 1986) (constitutional challenges generally must be raised in trial court)
State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility determinations are for the trier of fact)
Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (appellate role as a ‘thirteenth juror’ in weight‑of‑evidence review)
State v. Quarterman, 140 Ohio St.3d 464 (Ohio 2014) (plain‑error standard on appeal)
State v. Garner, 74 Ohio St.3d 49 (Ohio 1995) (intent may be inferred from natural and probable consequences of actions)
Klein v. Leis, 99 Ohio St.3d 537 (Ohio 2003) (presumption of statute constitutionality)
Arnold v. Cleveland, 67 Ohio St.3d 35 (Ohio 1993) (statute will not be invalidated unless shown unconstitutional beyond a reasonable doubt)