457 N.E.2d 369 | Ohio Ct. App. | 1983
Defendant-appellant, Charles Washington, was indicted on two counts of aggravated robbery in violation of R.C.
The Merriweather decision is succinctly summarized in its syllabus:
"The crime of robbery under R.C.
The reason for this decision is that the crime of robbery requires proof of a fact that is additional to the essential elements of aggravated robbery under subdivision (A)(1) of R.C.
The circumstances are different when the initial charge is aggravated robbery under subdivision (A)(2) of R.C.
The evidence in the instant case illustrates the foregoing. While the evidence was conflicting, it was sufficient to prove to a reasonable mind beyond a reasonable doubt that defendant was one of four or five persons who physically attacked an older man and his daughter, that defendant pushed the older man to the ground, rolled him over, and stole cash from his shirt pocket, and that defendant pushed the daughter to the ground *316 and physically removed a bag of groceries from her grasp. The trial court ruled that no serious physical harm was inflicted or attempted — a decision beyond our review — and reduced the two counts to robbery. We find no error because the trier of fact could validly find that defendant used force against both victims.
We overrule the single assignment of error and affirm the judgment below.
Judgment affirmed.
SHANNON, P.J., and KLUSMEIER, J., concur.
"(A) No person, in attempting or committing a theft offense, as defined in section
"(1) Have a deadly weapon or dangerous ordnance, as defined in section
"(2) Inflict, or attempt to inflict serious physical harm on another.
"(B) Whoever violates this section is guilty of aggravated robbery, a felony of the first degree."
"(A) No person, in attempting or committing a theft offense, as defined in section
"(B) Whoever violates this section is guilty of robbery, a felony of the second degree."