State v. West, 2013 Ohio 487

Defendant Reonte West (typo corrected from Rayonte West) was convicted of felonious assault, vandalism, possessing a firearm in a liquor-permit premises, and having a weapon while under disability after a September 15, 2011 shooting at Whitmore’s Barbeque in Cleveland.
Indictment originally identified him as Rayonte West; State moved to amend to Reonte West; amendment not ruled on in trial court but unopposed.
Trial proceeded to a March 7, 2012 jury trial; verdicts on felonious assault counts, vandalism, firearm in liquor premises, and weapon under disability; acquitted of criminal damaging.
Evidence showed Calhoun identified West after initially contesting the identification, witness Crockett saw West firing, and shell casings and projectiles were recovered consistent with gunfire from the emergency exit area and inside the bar.
Sentencing on April 18, 2012: nine-year total sentence with multiple terms concurrent over a firearm-specification framework; defendant appeals three assignments of error.
Record includes discussion of allied offenses under Johnson and related authorities as to merger and animus, and sufficiency/weight standards standard of review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency/weight of the evidence	West argues the state failed to prove him as shooter.	West contends evidence does not establish his guilt beyond a reasonable doubt.	Not merited; sufficient evidence and not against weight of the evidence.
Prejudicial sentencing remarks about uncharged acts	State argues officers’ remarks about uncharged acts are admissible for recidivism assessment.	Officer remarks about uncharged conduct biased sentencing.	No reversible error; court properly considered statutory factors and did not rely solely on uncharged acts.
Merger of counts 2, 4, and 5 as allied offenses	All three offenses should be merged as allied offenses of similar import.	Should have merged due to single conduct/animus.	Correctly not merged; conduct involved separate acts with distinct animus; three offenses properly convicted separately.

State v. Johnson, 128 Ohio St.3d 153 (Ohio 2010) (definitional test for allied offenses under R.C. 2941.25; two-step inquiry; determine possible single conduct and single state of mind)
State v. Cowan, 2012-Ohio-5723 (Ohio 2012) (animus-based merger analysis for multiple offenses)
State v. Young, 2011-Ohio-747 (Ohio 2011) (distinguishes separate acts and animus for having a weapon under disability versus other offenses)
State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (two-step review framework for sentencing decisions)
State v. Treesh, 90 Ohio St.3d 460 (Ohio 2001) (procedural due process considerations in sentencing)
State v. Foster, 2006-Ohio-856 (Ohio 2006) (guidance on sentencing scope and discretion under constitutional framework)
State v. Diar, 120 Ohio St.3d 460 (Ohio 2008) (standard for sufficiency of the evidence)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for evaluating sufficiency of evidence under Jackson v. Virginia)