State v. Robinson, Unpublished Decision (11-29-2000)
State v. Robinson, Unpublished Decision (11-29-2000)
Opinion of the Court
Appellant Charles Robinson appeals from his convictions for one count of trafficking in cocaine in the vicinity of a juvenile, in violation of R.C.
At trial, Specialist Brian Ibold testified that while he and another Cincinnati Police officer were acting undercover as a passenger and a cab driver, a drug sale was conducted with Robinson. Robinson asked Ibold what he needed. When Ibold asked for drugs, Robinson then summoned his fifteen-year-old son to approach the cab, telling him, "Give this man a 20." The fifteen-year-old son handed the drugs to Ibold after removing them from his mouth. Ibold testified that he gave the money for the drugs to Robinson.
In his first assignment of error, Robinson complains that the trial court erred when it permitted a police officer who was designated as a representative of the state to sit with counsel for the state after the court had ordered a separation of witnesses. We have previously held that, in a criminal prosecution, the prosecuting attorney has an absolute right to designate a representative of the state who is not subject to separation, and that such representative may be a person who also testifies. See State v. Fuller (Sept. 26, 1997), Hamilton App. No. C-960753, unreported, affirmed on other grounds (1998),
In his second assignment of error, Robinson complains that the trial court erred when it permitted the prosecutor to deliver a closing argument so prejudicial as to deprive him of his due process right to a fair trial. The linchpin of prosecutorial-misconduct analysis is "whether the conduct complained of deprived the defendant of a fair trial." State v. Fears (1999),
When viewed in isolation, several of the prosecutor's comments, in particular, that concerning the fifteen-year-old son lying on himself and another defense witness giving testimony not worthy of belief, were clearly improper. But, after reviewing the prosecutor's summation in its entirety and considering Robinson's specific claims about it, and given the totality of the evidence before the jury, we are not persuaded that the prosecutor's comments deprived Robinson of a fair trial. The second assignment of error is overruled.
In his third assignment of error, Robinson complains that he was denied the effective assistance of counsel due to counsel's failure to call two witnesses to testify, the failure to object to a complicity jury instruction, the failure to properly argue a Crim.R. 29 motion for acquittal, and the failure to object to the state's improper closing argument. In order to establish ineffective assistance of counsel, there must be a showing that counsel's performance fell below an objective standard of reasonable representation and, in addition, that prejudice arose from counsel's performance. See Strickland v. Washington (1984),
The decision not to call the two witnesses may well have been sound trial strategy by counsel. Further, Robinson has failed to show prejudice from their failure to testify. Second, an individual may be charged in an indictment either as a complicitor or as the principal offender. See State v. Tumbleson (1995),
In his fourth assignment of error, Robinson complains that the trial court erred when it sentenced him for both offenses. Robinson was convicted of trafficking in drugs, in violation of R.C.
(A) No person shall knowingly sell or offer to sell a controlled substance.
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(b) Except as otherwise provided in division (C)(4)(c), (d), (e), (f), or (g) of this section, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the fourth degree, and division (C) of section
2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
Robinson was also convicted of corrupting another with drugs, in violation of R.C.
(A) No person shall knowingly do any of the following:
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(4) By any means, do any of the following:
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(c) Induce or cause a juvenile who is at least two years the offender's junior to commit a felony drug abuse offense [drug trafficking in the indictment] when the offender knows the age of the juvenile or is reckless in that regard.
Clearly, the statutory elements of the two offenses, when viewed in the abstract, do not correspond to such a degree that the commission of one offense will result in the commission of the other, and so they are not allied offenses of similar import. See State v. Rance (1999),
In his fifth assignment of error, Robinson complains the trial court erred when it imposed the maximum sentence for corrupting another with drugs, and that the sentences for both counts were contrary to law. We disagree. A trial court may impose the maximum term of incarceration upon offenders who have committed the worst forms of the offense, upon offenders who pose the greatest likelihood of committing future crimes, upon certain major drug offenders, and upon certain repeat violent offenders. See R.C.
Therefore, the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Doan, P.J., Sundermann and Winkler, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.