State v. Jones, Unpublished Decision (2-5-1999)
State v. Jones, Unpublished Decision (2-5-1999)
Opinion of the Court
Defendant-appellant Antonio Jones advances seven assignments of error for our review in connection with his convictions for inciting to violence and aggravated rioting.
The first four assignments of error contend that the convictions for inciting to violence and aggravated rioting were based upon insufficient evidence and contrary to law. These assignments of error are overruled. The record reflects that the state produced evidence that, if believed, would have justified a rational trier of fact in finding that all of the elements of the two offenses were established beyond a reasonable doubt. We therefore hold that sufficient evidence was presented to support the convictions. We further conclude that the trial judge, as the trier of fact, did not lose his way in arriving at the findings of guilt. See State v.Thompkins (1997),
The fifth assignment of error is also overruled. We cannot say that the trial court abused its discretion by refusing to admit into evidence the statements at issue. State v. Sage
(1987),
The sixth assignment of error alleges that appellant's jury waiver was not properly filed with the trial court.
In State v. Pless (1996),
In the case before us, the record clearly indicates that appellant's signed jury-waiver form was not formally "filed," i.e., "time-stamped," until December 10, 1998. However, on November 12, 1998, the trial court, pursuant to App.R. 9(E), placed of record an entry which supplemented the record to include appellant's jury waiver and further ordered that the jury waiver be entered nunc pro tunc to the February 17, 1998, trial date.
For purposes of satisfying the requirements set forth in R.C.
The seventh and final assignment of error, which challenges the imposition of multiple sentences for allied offenses of similar import, is overruled. Clearly, for purposes of R.C.
Therefore, the judgment of the trial court is affirmed.
And the Court, being of the opinion that there were reasonable grounds for this appeal, allows no penalty. It is further Ordered that costs be taxed in compliance with App.R. 24, that a copy of this Memorandum Decision and Judgment Entry shall constitute the mandate, and that said mandate shall be sent to the trial court for execution pursuant to App.R. 27.
SUNDERMANN, P.J., HILDEBRANDT and SHANNON, JJ.
RAYMOND E. SHANNON, retired, of the First Appellate District, sitting by assignment.
To the Clerk:
Enter upon the Journal of the Court on February 5, 1999 per order of the Court ____________________. Presiding Judge
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