State v. Tillman, Unpublished Decision (12-20-1999)
State v. Tillman, Unpublished Decision (12-20-1999)
Opinion of the Court
OPINION
Appellant Demarco Tillman appeals the decision of the Stark County Court of Common Pleas, Juvenile Division, finding him delinquent by reason of robbery and receiving stolen property. On May 25, 1998, Appellant Tillman's seventeenth birthday, he and his cousin Rashon Lacey, also a juvenile, decided to celebrate the occasion by consuming alcoholic beverages and smoking marihuana. They then began riding their bikes around the neighborhood near Clarendon School on the northwest side of Canton. At some point, Rashon decided that they should steal a car. At approximately 10 p.m. that evening, James Brand returned to his residence in the same neighborhood. He parked his 1992 Chevrolet Cavalier for a short period of time just outside his garage, leaving the engine running and the headlights on while he worked on an electrical fan inside the garage. At about that time, appellant and Rashon left their bikes in an alley and moved towards Brand's Cavalier. Rashon jumped into the driver's seat, while appellant went into the garage, struck Brand in the head, and got into the car on the passenger side. Rashon immediately inquired of appellant why he had assailed Brand, to which appellant merely replied that he did not know. The two juveniles then sped off in the Cavalier, heading to the residence of an acquaintance nicknamed "Raybone." At this location, Rashon emptied out the car and put on different license plates. Brand, in the meantime, contacted the Canton City Police Department. An officer in his police cruiser was able to spot the Cavalier that same evening, and a short chase ensued. Appellant and Rashon were apprehended near Fourth Street and Market Avenue and transported to the police station. Appellant was questioned by a police lieutenant and later taken to the hospital, where a breathalyzer test was administered. Appellant was charged with one count of truancy, one count of robbery, one count of receiving stolen property, and one count of possession of marihuana. On June 3, 1998, appellant filed a motion to suppress the statements made during the aforementioned police interrogation. On June 19, 1998, appellant's trial was held before a juvenile court magistrate. Appellant pled true to the truancy count and the marihuana possession count. Immediately thereafter, the magistrate proceeded with a suppression hearing, ruling in favor of the state. The trial proceeded on the robbery and receiving stolen property charges. At the close of the state's evidence, appellant moved to dismiss, asserting that the state had failed to prove beyond a reasonable doubt that appellant had formed the requisite criminal intent in regard to the two charges. The magistrate denied appellant's motion. The magistrate found appellant delinquent by reason of robbery and receiving stolen property. On disposition, the magistrate ordered that appellant be committed to the Department of Youth Services for a period of one year. The magistrate stayed the commitment provision and imposed a ninety-day sentence at the Multi-County Attention Center, followed by probation and substance abuse evaluation procedures. On June 26, 1998, appellant filed an objection to the decision of the magistrate. Appellant essentially argued that the magistrate's rulings regarding the issue of suppression and the issue of criminal intent should be overruled. The trial court judge heard the objection on November 3, 1998. In a decision filed on December 2, 1998, the trial court sustained the motion to suppress, but nonetheless found sufficient testimony outside of appellant's confession to support the magistrate's decision. The trial court adopted the remainder of the magistrate's decision. Appellant timely appealed and herein raises the following sole consolidated assignment of error:THE TRIAL COURT'S JUDGMENT FINDING DEMARCO TILLMAN DELINQUENT BY REASON OF ROBBERY AND RECEIVING STOLEN PROPERTY IS AGAINST THE MANIFEST WEIGHT AND SUFFICIENCY OF THE EVIDENCE.
In analyzing whether appellant's delinquency finding is against the manifest weight of the evidence, our standard of review is stated as follows:
The court, reviewing the entire record, weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether in resolving conflicts in the evidence, the jury clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.
State v. Martin (1983),
In considering the sufficiency of the evidence, our standard is as follows:
* * * [T]he inquiry is, after viewing the evidence in the light most favorable to the prosecution, whether any reasonable trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.
State v. Jenks (1991),
Appellant's arguments center on the role of intoxication in the determination of criminal intent. Voluntary intoxication is a defense to a crime where specific intent is a necessary element of the crime and the defendant was too intoxicated to form the specific intent required. State v. Hicks (1989),
For the reasons stated in the foregoing, the decision of the Court of Common Pleas, Juvenile Division, Stark County, Ohio, is affirmed.
By: Wise, P.J. Hoffman, J., and Farmer, J., concur.
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