State v. Searles, 2011 Ohio 6275

In 2010, Searles was charged by a fourteen-count indictment for a bar shooting in Cleveland, including attempted murder, felonious assault, weapons offenses, and numerous firearm forfeiture specifications.
Searles waived a jury; the case was tried to the court and, at the close of the State’s case, the court granted Crim.R. 29 for tampering with evidence.
After all evidence, Searles was found not guilty on two attempted murder counts and one felonious assault count, but guilty on the remaining counts and firearm specifications.
The trial court sentenced Searles to an aggregate term of 15 years’ imprisonment and ordered the firearm forfeited.
Searles appeals challenging manifest weight of the evidence and the overall sentence.
The court affirmed, upholding the convictions and the 15-year sentence, and remanded for execution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the attempted murder and felonious assault convictions against the manifest weight?	State contends evidence supports guilt for attempted murder and felonious assault.	Searles argues provocation, intoxication, and lack of requisite mens rea undermine weight.	Convictions not against the manifest weight; evidence supports intent and transfer of intent applies.
Is the sentence contrary to law or an abuse of discretion under Kalish/Mathis framework?	State argues sentence within statutory range and proper under Kalish after Foster.	Searles claims sentence is disproportionate and improperly justified.	Sentence not contrary to law; within statutory range and not an abuse of discretion.

State v. Otten, 33 Ohio App.3d 339 (Ohio App. 1986) (manifest weight standard guide)
State v. DeHass, 227 N.E.2d 212 (Ohio St. 1967) (credibility and factual resolution: trier of fact may accept part and reject rest)
State v. Antill, 176 Ohio St. 61 (1964) (standard for resolving conflicts in testimony)
State v. Edwards, 26 Ohio App.3d 199 (Ohio App. 1985) (inference of intent to kill from circumstances)
State v. Robinson, 161 Ohio St. 213 (1954) (circumstances may establish intent)
State v. Mackey, unofficial placeholder (Ohio) (transferred-intent doctrine application)
State v. Widner, 69 Ohio St.2d 267 (1982) (weapon-based analysis and intent)
State v. Logan, 2009-Ohio-2899 (Franklin App. 2009) (aggravated assault as inferior offense to felonious assault)
State v. Deem, 40 Ohio St.3d 205 (1988) (supplemental authority on aggravated assault elements)
State v. Hodge, 128 Ohio St.3d 1 (2010) (post-Foster sentencing framework and departures)
State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step review after Foster; adherence to R.C. 2929.11–12)
State v. Mathis, 109 Ohio St.3d 54 (2006) (statutory sentencing framework post-Foster)
State v. Foster, 109 Ohio St.3d 1 (2006) (eliminated mandatory judicial fact-finding; discretion remains)
State v. El-Berri, Not provided in text (Not provided in text) (consideration of mitigating factors in sentencing)