State v. Gentry, Unpublished Decision (12-18-2002)
State v. Gentry, Unpublished Decision (12-18-2002)
Opinion of the Court
{¶ 2} Following a jury trial, defendant-appellant, Larry Gentry, was convicted of abduction pursuant to R.C.
{¶ 3} Gentry presents three assignments of error. In his first assignment of error, he contends that the trial court erred in allowing the state to present evidence of his flight from the police. He contends that the evidence was not relevant. He further contends that even if the evidence was relevant, its probative value was substantially outweighed by the danger of unfair prejudice and that it should have been excluded under Evid.R. 403. This assignment of error is not well taken.
{¶ 4} Evidence of an accused's flight from justice is "indicative of a consciousness of guilt, and thus of guilt itself." State v. Eaton
(1969),
{¶ 5} Evid.R. 403(A) provides that evidence must be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. The decision whether to admit or exclude relevant evidence under Evid.R. 403(A) rests within the discretion of the trial court.State v. Sage (1987),
{¶ 6} Generally, evidence of the accused's own actions cannot be unfairly prejudicial, so long as it is relevant to the essential elements of the offense. State v. Geasley (1993),
{¶ 7} In his second assignment of error, Gentry contends that the trial court erred in overruling his Crim.R. 29 motion for a judgment of acquittal on the abduction charge. He also argues that the evidence was insufficient to support his conviction for abduction and that the conviction was against the manifest weight of the evidence.
{¶ 8} Gentry's claim that the trial court should have granted his Crim.R. 29 motion for a judgment of acquittal is the same as his claim that the evidence was insufficient to support the conviction. State v.Cedeno (Oct. 3, 1998), 1st Dist. No. C-970465. Our review of the record shows that the state's evidence, when viewed in a light most favorable to the prosecution, could have convinced a rational trier of fact that Gentry, without privilege to do so, had knowingly, by force or by threat, removed the victim from the place where she was found. Consequently, the evidence was sufficient to support his conviction for abduction pursuant to R.C. 2904.02(A)(1). See State v. Jenks (1991),
{¶ 9} Further, after reviewing the evidence, we cannot hold that the trier of fact lost its way and created such a manifest miscarriage of justice that we must reverse Gentry's conviction and order a new trial. Therefore, the conviction was not against the manifest weight of the evidence. See State v. Thompkins,
{¶ 10} In his third assignment of error, Gentry contends that the trial court did not make the necessary findings to support the sentences imposed. Our review of the record shows that the trial court did make the necessary findings to support the imposition of a prison term for a third-degree felony on the abduction charge. See
{¶ 11} However, the court did not make the findings required by R.C.
{¶ 12} 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., Hildebrandt and Gorman, JJ.
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