State v. Rogers
2019 Ohio 4834
Ohio Ct. App.2019Background
- Defendant Frank M. Rogers was indicted on six second-degree burglary counts for offenses on October 19, 2017; a jury convicted him on all six counts and the trial court sentenced him to 4 years on each count to run consecutively (24 years) and ordered restitution.
- Co-defendant Michael (or Michael) Blackburn pleaded and testified against Rogers in exchange for a favorable recommendation; Blackburn said Rogers exited the car, forced entry, and returned with stolen items.
- Police stopped a GMC Yukon containing Rogers and others and found items linked to victims (e.g., a distinctive blanket, custom drawer, video games traceable by receipts); cell-phone records placed Rogers and Blackburn near several burglarized homes.
- For four burglaries (Counts 1, 2, 4, 5) victims’ testimony supported that someone was present or likely to be present; for Counts 3 and 6 the record showed regular work/school schedules and no evidence anyone was likely to be home when the burglaries occurred.
- The trial court based restitution on the presentence investigation report and insurance documents; defendant did not dispute amounts at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove burglary element "likely to be present" | State: evidence (victim testimony, Blackburn’s ID, items in vehicle, cell records) established likelihood for each charged home | Rogers: state failed to show occupants were likely to be present for Counts 3 and 6; Crim.R. 29 should have been granted | Reversed/vacated convictions on Counts 3 and 6 for insufficient evidence; convictions on Counts 1,2,4,5 upheld |
| Manifest weight of the evidence | State: testimony and physical/cell-phone evidence support convictions | Rogers: jury lost its way; convictions not supported by weight of evidence | Manifest-weight challenge sustained only as to Counts 3 and 6; convictions for 1,2,4,5 stand |
| Ineffective assistance of counsel | State: counsel’s choices were reasonable trial strategy; no prejudice shown | Rogers: counsel failed to adequately impeach Blackburn, failed to seek competency hearing, and delayed Crim.R. 29 motion | Claim denied; counsel performance not shown deficient nor prejudicial |
| Restitution award and need for hearing | State: restitution may be based on victim/PSI/receipts; hearing required only if amount disputed | Rogers: no actual proof of economic loss; court erred by not holding hearing | Restitution affirmed as to remaining counts; restitution amounts tied to vacated Counts 3 ($1,440.00) and 6 ($770.20) reversed |
Key Cases Cited
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (standard for sufficiency of the evidence)
- Bridgeman v. State, 55 Ohio St.2d 261 (Ohio 1978) (reasonable-minds sufficiency test)
- United States v. Collon, 426 F.2d 939 (6th Cir. 1970) (quotation on reasonable-minds standard)
- Blockburger v. United States, 284 U.S. 299 (U.S. 1932) (double-jeopardy/lesser-included analysis)
- State v. Zima, 102 Ohio St.3d 61 (Ohio 2004) (Blockburger application)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest-weight standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective-assistance two-part test)
- Drope v. Missouri, 420 U.S. 162 (U.S. 1975) (competency to stand trial principles)
- State v. Myers, 154 Ohio St.3d 405 (Ohio 2018) (clarifying Strickland application in Ohio)
- State v. Long, 53 Ohio St.2d 91 (Ohio 1978) (plain-error standard)