State v. Thompson
2013 Ohio 4793
Ohio Ct. App.2013Background
- Thompson was charged in Sept. 2012 with two counts of having a weapon under disability and one count of felonious assault, plus multiple firearm and forfeiture specifications.
- The case proceeded to a jury trial in Dec. 2012, with testimony from Jordan about a confrontation where Thompson produced a gun and threatened him.
- Holt observed Thompson with a long-barreled firearm during pursuit and later found the gun discarded on a driveway two houses away.
- Jarzembak located Thompson hiding; Thompson was transported and gunshot residue testing showed a positive result on his right hand.
- Thompson testified he did not have a gun and had only verbal altercations; the jury found him guilty on all counts and specifications.
- The trial court sentenced Thompson to prison terms and later imposed court costs in the judgment entry, although costs were not discussed at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felonious assault with firearm specs | Thompson argues the state failed to prove intent to harm with a deadly weapon. | Thompson contends there was no proof of purposeful use or threat with a gun. | Sufficiency established; gun + threat supported felonious assault with specs. |
| Manifest weight of the felonious assault and HWWUD convictions | State asserts credibility and corroboration support verdicts beyond mere witness misgivings. | Thompson disputes the weight of the evidence due to inconsistencies and lack of corroboration. | Convictions not against the weight of the evidence. |
| Imposition of court costs without proper sentencing notice | Costs were properly imposed as part of judgment. | Costs imposed in judgment entry without in-court notice violate Crim.R. 43(A). | Remanded for Thompson to seek a waiver of court costs. |
Key Cases Cited
- State v. Diar, 120 Ohio St.3d 460 (2008) (standard for sufficiency of the evidence)
- State v. Brooks, 44 Ohio St.3d 185 (1989) (pointing a deadly weapon requires additional evidence of intent)
- State v. Green, 58 Ohio St.3d 239 (1991) (additional evidence, such as threats, can sustain felonious assault)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (judicially weighs credibility and sufficiency in sufficiency review)
- State v. Wilson, 113 Ohio St.3d 382 (2007) (weight of the evidence requires circumspect appellate review)
- State v. Joseph, 125 Ohio St.3d 76 (2010) (limited remand for indigency waiver of court costs when not discussed at sentencing)