State v. Wilson
2019 Ohio 2754
Ohio Ct. App.2019Background
- Defendant Dickie L. Wilson was indicted by a Lawrence County grand jury for burglary in violation of R.C. 2911.12(A)(3); the indictment tracked statutory language but erroneously listed the offense as an F4 (fourth-degree felony) though (A)(3) is a third‑degree felony by statute.
- The State moved to amend the indictment to correct the felony degree; the trial court granted the motion over Wilson’s objection.
- At trial eyewitnesses (owner of a camper and neighbors) confronted and restrained Wilson after observing him inside a camper and rifling a car; law enforcement identified and arrested him; the jury found him guilty.
- Wilson was sentenced to 30 months’ imprisonment; he appealed raising (1) that the amendment to the indictment changed the identity of the crime and violated his grand‑jury rights, and (2) ineffective assistance of counsel because trial counsel called no defense witnesses.
- The appellate court affirmed the conviction, holding the amendment was a typographical correction that did not change the name or identity of the crime and that Wilson failed to show deficient performance or prejudice from counsel’s decision not to call witnesses.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wilson) | Held |
|---|---|---|---|
| Whether amending the indictment to correct felony degree violated grand‑jury right | Amendment corrected a clerical error; original indictment identified statutory section and elements so no change in crime identity | Amendment changed the degree/identity of the offense and thus was impermissible without grand‑jury re‑presentment | Amendment permissible; it corrected a typographical error and did not change the name or identity of the offense; no prejudice to defendant |
| Whether trial counsel’s failure to call any witnesses constituted ineffective assistance | Counsel’s choices were trial strategy; record shows eyewitnesses restrained defendant and no record evidence of favorable witnesses | Failure to call experts/fact/character witnesses deprived defendant of a fair trial and likely changed outcome | Claim fails: defendant did not overcome presumption of effective assistance nor show prejudice; relying on out‑of‑record evidence requires postconviction relief |
Key Cases Cited
- State v. Headley, 6 Ohio St.3d 475 (1983) (indictment must contain essential facts identifying the crime charged)
- State v. Davis, 121 Ohio St.3d 239 (2008) (amendment that significantly increases offense degree/penalty may violate Crim.R. 7(D))
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑part test for ineffective assistance: deficient performance and prejudice)
- State v. Treesh, 90 Ohio St.3d 460 (2001) (decision whether to call witnesses is generally trial strategy and not second‑guessed)