State v. Buchanan, Unpublished Decision (4-11-2001)
State v. Buchanan, Unpublished Decision (4-11-2001)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: Defendant Lamont Buchanan has appealed his convictions and sentences from the Wayne County Common Pleas Court. This Court affirms.
Buchanan timely appealed, asserting two assignments of error.
THE TRIAL COURT'S VERDICT IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.
In his first assignment of error, Buchanan has made a blanket assertion that the trial court's verdict is against the manifest weight of the evidence. This Court disagrees.
In determining whether a conviction is against the manifest weight of the evidence, this Court must:
review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact 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. Otten (1986),
Buchanan has not specifically challenged any of his four convictions. Rather, Buchanan has attacked the whole verdict arguing that it must be reversed because the testimony presented was contradicted, unreliable, and fragmentary, and because no physical evidence was collected from the scene. In support, Buchanan states that the victim's testimony was fragmentary and that the victim could not place Buchanan with the hammer, the instrument used in the assault. Buchanan further points to the testimony of his co-defendant, Rashann Lacey, arguing that Lacey's testimony was not credible because Lacey's testimony contradicted prior statements he had made to police, and because Lacey was biased as he had received consideration from the state for his testimony.
"A conviction is not against the manifest weight of the evidence merely because there is conflicting evidence before the trier of fact." Statev. Haydon (Dec. 22, 1999), Summit App. No. 19094, unreported, citingState v. Gilliam (Aug. 12, 1998), Lorain App. No. 97CA006757, unreported, appeal not allowed (2000),
After a review of the record, this Court cannot conclude that the jury lost its way or created a manifest miscarriage of justice such that Buchanan's conviction must be reversed. Buchanan's argument that his conviction is against the manifest weight of the evidence is overruled.
ASSIGNMENT OF ERROR NO. II
THE SENTENCE OF THE TRIAL COURT IS WITHOUT SUPPORT IN THE RECORD, AND, ACCORDINGLY IS CONTRARY TO LAW.
In his second assignment of error, Buchanan argues that his sentence is contrary to law. In support, Buchanan asserts that the trial court failed to make the requisite findings under R.C.
Our standard of review is governed by R.C.
In support of his contention that the lower court failed to make the requisite findings under R.C.
The second case upon which Buchanan bases his support is State v.Brooks (Oct. 5, 1998), Stark App. No. 98CA00041, unreported. The Brooks
court found that the trial court had abused its discretion in imposing the maximum authorized prison term because the court failed to make the required findings under R.C.
Finally, Buchanan cites State v. Remley (Nov. 30, 1998), Stark App. No. 1998CA0146, unreported, which reversed the lower court because the lower court failed to make a specific finding that the shortest prison term would demean the seriousness of the offender's conduct or would not adequately protect the public from future crime by the offender or others. However, Buchanan has conceded that the trial court in this case did make the requisite finding for imposing more than the minimum authorized sentences. In fact, Buchanan does not challenge the lower court's finding that the shortest prison terms would demean the seriousness of Buchanan's conduct. Rather, Buchanan argues that the lower court was required to state specific reasons for such finding. This contention is meritless. The Supreme Court of Ohio has held that a trial court is not required to "give its reasons for its finding that the seriousness of the offender's conduct will be demeaned or that the public will not be adequately protected from future crimes before it can lawfully impose more than the minimum authorized sentence." (Emphasissic.) State v. Edmonson (1999),
R.C.
Further, this Court finds that the trial court had a sufficient evidentiary basis upon which to impose more than the minimum authorized sentences. The record shows that Buchanan has an extensive juvenile record with at least one felony offense and that at the time of sentencing in this case Buchanan was serving time for another case out of another county. The record also reveals that the victim in this case was seriously injured after Buchanan and his accomplice beat the victim with a hammer while they robbed him of two dollars.
This Court finds that the trial court did not clearly and convincingly act contrary to law or the record in sentencing Buchanan. Accordingly, Buchanan's second assignment of error is overruled.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Wayne, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to appellant.
Exceptions.
____________________________ DONNA J. CARR
SLABY, P.J., WHITMORE, J. CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.