State v. Dejanette, Unpublished Decision (9-13-2002)
State v. Dejanette, Unpublished Decision (9-13-2002)
Opinion of the Court
In two assignments of error, Dejanette contests the weight and the sufficiency of the evidence and contends that the trial court erred by imposing a sentence that did not comply with Ohio's felony-sentencing guidelines. Because the trial court failed to inform Dejanette of the ramifications of post-release control, his sentence is invalid, and the case must be remanded for resentencing.
Weight and Sufficiency of the Evidence
In his first assignment of error, Dejanette challenges the trial court's denial of his motion for a judgment of acquittal and the weight and the sufficiency of the evidence adduced at trial to support his convictions. Our review of the record fails to persuade us that the jury, sitting as the trier of fact, clearly lost its way and created such a manifest miscarriage of justice that the convictions must be reversed and a new trial ordered. See State v. Thompkins,
The jury was entitled to reject Dejanette's theory that his fingerprints came to be found in the back office because he had previously been to the Family Dollar store to apply for a job. Dejanette highlighted conflicts in the testimony of the state's witnesses, including the manager's identification, the assertion by police officers that other suspects had been investigated, and whether he had used a firearm to effect the robbery. The weight to be given the evidence and the credibility of the witnesses were primarily for the trier of fact to determine; inconsistencies in the evidence were for the jury to resolve. See State v. DeHass (1967),
The record also reflects substantial, credible evidence from which the jury could have reasonably concluded that the state had proved all elements of the charged crimes beyond a reasonable doubt, including that Dejanette had committed a theft offense while inflicting or threatening to inflict physical harm on the manager, and that he had forcibly restrained the manager to effect the robbery and his escape. See Statev. Waddy (1991),
Moreover, the trial court did not err in denying the motions for acquittal, as reasonable minds could have reached different conclusions as to whether each element of the crimes charged had been proven beyond a reasonable doubt. See Crim.R. 29; see, also, State v. Bridgeman (1978),
Sentencing
In his second assignment of error, Dejanette raises three arguments in support of his claim that the trial court erred in imposing sentence. He first argues that the trial court erred by imposing maximum and consecutive sentences without making the proper findings required by R.C. Chapter 2929.
To impose a maximum sentence upon one who is not a major drug offender or a repeat violent offender, a trial court must find that the felon either has committed the worst form of the offense or poses the greatest likelihood of recidivism. See R.C.
Next, Dejanette contests the trial court's imposition of consecutive sentences pursuant to R.C.
Here, the trial court made the required findings and gave reasons that supported those findings. See State v. Edmondson (1999),
Dejanette next argues that the trial court erred in sentencing him for both robbery and kidnapping when they were allied offenses of similar import and represented a "single course of conduct which should [have] result[ed] in one sentence being imposed." R.C.
A strict comparison-of-the-statutory-elements test is now used to determine whether offenses are allied and of similar import. See Statev. Rance,
Here, considered in the abstract, kidnapping required proof that Dejanette restrained his victim for the purpose of facilitating the commission of a felony. But a conviction for robbery required proof that the force was applied merely to effect a theft offense, which is often a misdemeanor. See R.C.
Finally, Dejanette contends that the trial court erred by failing, pursuant to the mandate of R.C.
As the state concedes, the trial court failed to verbally notify Dejanette about the possibility of post-release control at the sentencing hearing. In accordance with this court's decision in State v. Lattimore, at ¶ 33, we must vacate the sentence and remand this case so that the trial court can properly advise Dejanette pursuant to R.C.
Conclusion
Therefore, we affirm the trial court's judgment with respect to the findings of guilt. But we vacate Dejanette's sentence and remand this cause for the trial court to notify Dejanette about (1) the potential for supervision under R.C.
Judgment accordingly.
Gorman, P.J., Sundermann and Winkler, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.