State v. Parson, 2013 Ohio 1069

Shooting occurred outside a Dayton-area apartment on the night of August 13, 2011, resulting in Dequan Smith's death.
Tyree S. Parson was convicted of felony murder (two theories) and having a weapon while under disability; sentences merged and imposed as 18 years to life overall.
Witnesses included Joanna Glover, who saw the appellant with a handgun after the shot, and Jerome Bogle, who testified the appellant fired the shot; Danny Parson witnessed the appellant near the car post-shooting.
Danny Parson testified he heard a shot and saw the appellant walking away from the front of Bogle’s car immediately after the shot.
The appellant’s former girlfriend, Sheila Elam, testified he confessed to shooting and killing somebody, supporting a finding of guilt via circumstantial evidence.
On appeal, Parson challenges the sufficiency and weight of the evidence for murder and the trial court’s failure to inform him about community-service consequences for failing to pay court costs; the court remands to modify the judgment to remove community-service in lieu of costs.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for murder	Parson argues the State failed to prove he shot Smith.	Parson contends no eyewitness testified he fired the shot.	Conviction supported by circumstantial and testimonial evidence; sufficient evidence.
Manifest weight of the evidence for murder	Parson contends the evidence does not establish guilt beyond a reasonable doubt.	Parson asserts the record shows the jury clearly erred.	Record does not show the trier of fact lost its way; weight not against the conviction.
Sentencing: failure to inform about community service in lieu of court costs	Parson should have been advised he could be ordered to perform community service for unpaid costs.	State agrees error occurred but proposes eliminating community service remedy.	Trial court erred; judgment modified to eliminate any possibility of community service in lieu of court costs; remanded for modification record.

State v. Jenks, 61 Ohio St.3d 259 (1991) (test for sufficiency—whether evidence could convict beyond a reasonable doubt)
State v. Thompkins, 78 Ohio St.3d 380 (1997) (weight-of-the-evidence standard; miscarriage of justice review)
State v. Martin, 20 Ohio App.3d 172 (1983) (manifest weight against conviction exceptional case standard)
State v. Henderson, 2d Dist. Montgomery No. 24701 (2012) (modify judgment to remove possibility of community service in lieu of costs when state agrees)
State v. Jeffery, 2d Dist. Montgomery No. 24916 (2013) (remand for resentencing where modification of community-service remedy was not agreed)