State v. Simons, 954 N.E.2d 176

Simons was convicted after a jury trial of two breaking and entering counts, two theft counts, burglary with a firearm spec, grand theft, theft, weapons under a disability, and intimidation of a witness; one complicity count was dismissed.
The offenses arose from three incidents: a Rock-n-Robin Diner break-in (Dec 6, 2008), a White’s Ford Auto Dealership break-in (Dec 28–29, 2008), and Jumper residence burglary (late June–early July 2009) in Urbana, Ohio.
Witnesses Tonia Justice and Terry Current implicated Simons in all three incidents, though their testimony contained inconsistencies.
Police recovered six firearms at a third party’s residence and linked them to Current; Justice and Current provided statements implicating Simons, and Jumper corroborated the firearm items being stolen.
During trial, Justice testified she was present at times; Current contradicted Justice on levels of involvement, yet both placed Simons at the crime scenes.
Simons challenged the weight of the evidence and the witness credibility, and também challenged a witness-intimidation conviction under R.C. 2921.04(B) based on timing relative to criminal proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Manifest weight of the evidence	Simons argues the verdicts are against the weight of the evidence due to witness inconsistency.	Simons contends credibility issues show a miscarriage of justice.	Weight not against the evidence; convictions affirmed for I, II, VI–IX.
Intimidation of a witness timing	State contends intimidation occurred post-complaint and during investigation, within statute.	Simons claims there were no proceedings flowing from the crime when intimidation occurred.	Conviction vacated; insufficient evidence of a criminal action or proceeding.
Motion for mistrial	State asserts no grave prejudice from voir dire/statement.	Simons argues the reference to prior incarceration prejudiced the jury.	Mistrial not required; curative instruction cured prejudice.

State v. Dossett, 2006-Ohio-3367 (Montgomery App. 2006) (manifest weight standard; deference to credibility determinations)
State v. Martin, 20 Ohio App.3d 172 (Ohio App. 1983) (credibility and weight of evidence entrusted to trier of fact)
State v. DeHass, 10 Ohio St.2d 230 (1967) (testimony credibility is for the factfinder)
State v. Malone, 121 Ohio St.3d 244 (Supreme Court, 2009) (intimidation conviction unsustainable where no proceedings flow from act)
State v. Davis, 2011-Ohio-1280 (Montgomery App. 2011) (reaffirmed Malone; no criminal action/proceeding existed at time of intimidation)
State v. Gooden, 2004-Ohio-2699 (Cuyahoga App. 2004) (relevance of investigation status to witness intimidation)