State v. Parker
2022 Ohio 1237
| Ohio Ct. App. | 2022Background
- Anthony Parker confronted two strangers walking home from a convenience store and demanded return of two 24‑oz beers; a struggle followed and one victim was pushed to the ground.
- Security‑camera footage captured the altercation; one victim reported a minor finger injury and the other retrieved her 12‑pack and ran to a nearby apartment building.
- Parker admitted recent heavy alcohol consumption; an officer found him incoherent and had him taken to a hospital for evaluation.
- Parker testified he had purchased the two cans himself and simply retrieved them after the victims placed them in a cart; he claimed any force was incidental to reclaiming his property.
- A bench trial convicted Parker of two counts of third‑degree robbery under R.C. 2911.02(A)(3); he received concurrent community‑control terms and appealed, challenging sufficiency and weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there legally sufficient evidence to convict Parker of robbery under R.C. 2911.02(A)(3)? | The state argued the video, victim testimony, and circumstances established Parker used force or threatened force in committing a theft. | Parker contended the evidence was insufficient because victims may have stolen his beer and no receipts were produced. | Affirmed: viewing evidence in the light most favorable to the prosecution, a rational trier of fact could find all elements proven beyond a reasonable doubt. |
| Was the verdict against the manifest weight of the evidence (credibility/justification defense)? | The state argued victim testimony and video were credible; court should defer to factfinder on credibility. | Parker argued victims were unreliable, motivated to avoid prosecution, and his force was justified to recover his property. | Affirmed: the court found the factfinder did not lose its way; Parker’s testimony conflicted with video and was not persuasive enough to warrant a new trial. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (distinguishes sufficiency and weight‑of‑evidence standards)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (sets Jackson/Jenks standard for legal sufficiency review)
- State v. Drummond, 111 Ohio St.3d 14 (2006) (explains broader weight‑of‑evidence review)
- State v. Wilson, 113 Ohio St.3d 382 (2007) (contrasts sufficiency and weight and discusses appellate review deference to factfinder)
- State v. Martin, 20 Ohio App.3d 172 (1984) (articulates standard for granting a new trial when verdict is against manifest weight of evidence)
