State v. Zonars, 2014 Ohio 2023

Appellant Erik D. Zonars was convicted in Franklin County Court of Common Pleas on aggravated burglary, aggravated robbery, robbery, kidnapping, and having weapons while under disability for a home invasion on October 28, 2012.
Indictment originally included multiple counts; the state moved to nolde six counts of robbery; trial proceeded with a co-defendant.
Victims included Collins and Christina Perry; intruders used masks and firearms; valuables including cash, jewelry, and televisions were stolen; sirens prompted the suspects to flee.
Collins identified Zonars in a photo array and in court; Collins testified despite a prior felony conviction used to impeach credibility.
Appellant did not testify; the co-defendant testified and the parties stipulated to a prior burglary conviction for purposes of a weapon-under-disability charge.
Appellant was sentenced in July 2013; he timely appealed, and the record was supplemented in 2014 with additional motions and proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency and weight of the evidence.	Zonars argues identification credibility undermines sufficiency/weight.	Zonars contends evidence fails to prove elements beyond reasonable doubt and weight favors acquittal.	Convictions upheld; evidence sufficient and not against the weight of the evidence.
Consecutive-sentencing compliance with R.C. 2929.14(C)(4).	State contends consecutive sentences satisfy statutory findings; court did not err.	Zonars claims the court failed to find proportionality not to be disproportionate to conduct/danger.	Consecutive sentences upheld; findings required by statute were made, not plain error.
Presence at a critical stage and right to counsel.	Record omission initially; appellant was not present during a jury-deliberation stage.	Record later corrected showing appellant was present; counsel authorized objections.	Assignment meritless; appellate correction under App.R. 9(E) resolved the issue.

State v. Cassell, 2010-Ohio-1881 (10th Dist. 2010) (sufficiency review and standard for evidence)
State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (test for determining guilt beyond reasonable doubt)
State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (identification and related rules of review)
State v. Wilson, 2013-Ohio-1520 (10th Dist. 2013) (sentencing review and plain-error considerations)
State v. Roush, 2013-Ohio-3162 (10th Dist. 2013) (consecutive-sentencing findings under 2929.14(C)(4) must be evident)
State v. Revels, 2014-Ohio-795 (10th Dist. 2014) (requirement that 2929.14(C)(4) findings be clear in record)