State v. Norris, 2016 Ohio 1526

Defendant Wendell Norris was indicted for aggravated burglary, aggravated robbery, and burglary based on two separate July 2014 incidents at University of Akron fraternity houses.
July 14: Norris entered Phi Delta Theta, was observed rummaging in a roommate’s bedroom; later the roommate’s iPod was missing.
July 31: Norris entered Sigma Alpha Epsilon, took a laptop, and during efforts to keep it allegedly pointed a screwdriver at a resident who backed away in fear.
After a bench trial Norris was convicted on all counts and sentenced to eight years, to run consecutively to another sentence; the court ordered restitution and court costs.
On appeal Norris challenged sufficiency and weight of the evidence, imposition of court costs without an opportunity to seek waiver, and imposition of restitution without inquiry into ability to pay.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for burglary (iPod)	State: circumstantial evidence (Norris was in room; iPod later missing) proves theft element	Norris: no proof he possessed/took iPod	Held: Evidence sufficient; circumstantial evidence supports conviction
Sufficiency of evidence for aggravated robbery/burglary (screwdriver)	State: screwdriver shown/used threateningly; instrument capable of inflicting death	Norris: screwdriver not proved to be a deadly weapon	Held: Held screwdriver could be deadly based on manner of use; convictions sustained
Manifest weight of evidence	State: witness testimony credible; conduct supports findings	Norris: his denial and evidence cast doubt; eyewitness inconsistencies	Held: No miscarriage of justice; weight challenge fails
Court costs and restitution procedure	State: court properly imposed costs/restitution at sentencing	Norris: denied opportunity to seek waiver of costs and court failed to consider ability to pay restitution	Held: Trial court erred — remand for opportunity to seek waiver of costs and for inquiry/consideration of ability to pay restitution

State v. Jenks, 61 Ohio St.3d 259 (sufficiency review standard; circumstantial evidence equal probative value)
State v. Thompkins, 78 Ohio St.3d 380 (manifest-weight standard and appellate role as thirteenth juror)
State v. Otten, 33 Ohio App.3d 339 (weight-of-evidence framework for appellate review)
State v. Joseph, 125 Ohio St.3d 76 (trial court must provide opportunity to claim indigency and seek waiver of court costs)
State v. Vondenberg, 61 Ohio St.2d 285 (factfinder may infer deadly nature of instrument from manner of its use)
State v. Martin, 140 Ohio App.3d 326 (trial court must reflect consideration of defendant's ability to pay when imposing financial sanctions)