State v. Scott
2013 Ohio 5875
Ohio Ct. App.2013Background
- On Oct. 7, 2012 Alliance police entered Apt. 6 at 42 E. Columbia Ave. and found Angela Lewis fatally stabbed; appellant Jawanza Scott was on top of her with a raised fist and dropped a knife when officers approached.
- Lewis was 8 weeks pregnant; she was pronounced dead at the scene and the pregnancy was terminated; autopsy showed 26 wounds and a .24 BAC.
- A jury convicted Scott of murder (R.C. 2903.02(B)) for causing Lewis’s death as a proximate result of felonious assault and of voluntary manslaughter (R.C. 2903.02(A)) for unlawfully terminating her pregnancy; both counts included repeat violent offender specifications.
- Sentences: Count One—15 years to life for murder + 10 years on RVO spec (consecutive) = 25 years to life; Count Two—11 years for manslaughter + 10 years on RVO spec + 1,031 days PRC sanction (consecutive), and the counts were ordered consecutive to each other.
- Scott appealed, raising four assignments: (1) trial court should have merged counts and RVO specs as allied offenses; (2) jury verdicts were inconsistent and required acquittal or setting aside; (3) convictions were against sufficiency and manifest weight of evidence; (4) PRC days were improperly calculated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Merger / allied offenses (R.C. 2941.25) | State argued murder and manslaughter involved separate victims (Lewis and her unborn) so convictions may stand separately. | Scott argued the two counts arose from the same conduct and should merge as allied offenses of similar import. | Affirmed: offenses involved separate victims and separate animus; no merger required. |
| Jury inconsistency / motion for acquittal | State argued inconsistent verdicts between counts do not require reversal where verdicts address different counts. | Scott argued split verdict (murder for Lewis; voluntary manslaughter for fetus) was inconsistent and required acquittal or setting aside. | Affirmed: Ohio law permits inconsistent outcomes across different counts; no inconsistent verdict error. |
| Sufficiency and manifest weight of evidence | State maintained evidence (scene, wounds, appellant with knife, dropped knife, pregnancy termination) supports convictions beyond a reasonable doubt. | Scott argued evidence insufficient and verdicts against manifest weight. | Affirmed: evidence was sufficient and verdicts not against manifest weight; jury credibility determinations upheld. |
| PRC days calculation | State relied on sentencing court’s calculation and absence of timely objection or evidentiary hearing to carry burden. | Scott claimed the record lacks sufficient evidence to support imposition of 1,031 additional PRC days. | Affirmed: record does not affirmatively demonstrate error; appellant failed to request hearing or point to record evidence showing miscalculation. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (two-step allied-offenses test: whether same conduct can commit both offenses and whether offenses were committed by the same conduct/state of mind)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for constitutional sufficiency of evidence)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (manifest-weight review; appellate court as "thirteenth juror")
- State v. Adams, 53 Ohio St.2d 223 (Ohio 1978) (inconsistent verdicts between different counts do not require reversal)
- State v. Jones, 18 Ohio St.3d 116 (Ohio 1985) (multiple sentences for offenses committed against multiple victims permissible when offense defined in terms of conduct toward "another")