State v. Romine
2011 Ohio 6774
Ohio Ct. App.2011Background
- Romine was convicted by a jury of complicity to burglary (third-degree) and complicity to theft (fifth-degree) arising from a plan to steal a safe and televisions from the Bean residence.
- Witness Heaven Smith testified Romine drove the group to the Bean home and helped carry a large television; she later admitted involvement.
- Sandy Au Yeung testified she and Carmichael took a small television; Romine allegedly aided and abetted during the burglary and theft.
- Police observed two males carrying a large TV from Bean’s house; Romine was identified near the scene and later arrested with a handgun grip found on him.
- Romine argued the State failed to prove he knowingly aided in burglary; the defense emphasized credibility and inconsistencies in co-defendant testimony.
- The trial court denied Romine’s weight-of-the-evidence challenge; the appellate court affirmed, upholding the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conviction for complicity to burglary is against the manifest weight of the evidence | Romine contends the State failed to prove purposeful aiding | State; Romine argues witnesses’ credibility undermines proof | Not against the weight; evidence supports aiding and abetting |
Key Cases Cited
- State v. Brown, 2009-Ohio-5390 (Athens App. 2009) (manifest weight standard for appellate review)
- State v. Thompkins, 78 Ohio St.3d 380 (1997-Ohio-52) (weight of the evidence standard and deference to jury credibility)
- State v. Eskridge, 38 Ohio St.3d 56 (1988-Ohio-56) (standard governing manifest weight review)
- Seasons Coal Co. v. City of Cleveland, 10 Ohio St.3d 77 (1984-Ohio-460) (credibility and judge’s role in weighing testimony)
- State v. Parish, 2005-Ohio-7109 (Washington App. Nos. 05CA14 & 05CA15, 2005) (appellate review of conflicting witness testimony)
- State v. Murphy, 2008-Ohio-1744 (Ross App. No. 07CA2953) (trier of fact credibility determinations)
- State v. Santiago, 2011-Ohio-3058 (Cuyahoga App. No. 95516) (flight evidence as indicia of guilt)
