State v. Lawson, Unpublished Decision (10-2-2002)
State v. Lawson, Unpublished Decision (10-2-2002)
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: {¶ 1} Defendant, Raffael Lawson, appeals from his convictions for burglary and assault in the Medina County Court of Common Pleas. We affirm.
{¶ 2} On July 18, 2001, the Medina County Grand Jury indicted Defendant on two separate counts: (1) burglary, in violation of R.C.
{¶ 3} "The trial court erred when it allowed jurors to submit questions to witnesses, thereby compromising their impartiality and ultimately, depriving [Defendant] his right to a fair trial."
{¶ 4} In his sole assignment of error, Defendant avers that he was deprived of his right to a fair trial because the trial court erroneously permitted jurors to ask questions of the witnesses at trial. We disagree.
{¶ 5} An appellate court will not consider as error any issue that a party was aware of but failed to bring to the attention of the trial court. State v. Dent, 9th Dist. No. 20907, 2002-Ohio-4522, at ¶ 6. Failure to timely object waives the opportunity for appellate review of any issue not preserved and, accordingly, such issue need not be considered for the first time on appeal. State v. Self (1990),
{¶ 6} Although Defendant failed to preserve his challenge through a timely objection during the trial, his inaction at trial does not waive the plain error doctrine of Crim.R. 52(B). See State v. Lundgren (1995),
{¶ 7} After a careful review of the record, we cannot say that in this case, but for the trial court's practice of permitting jurors to ask questions of the witnesses or any of the particular jurors' questions, "the outcome of the trial clearly would have been otherwise." See McKee,
{¶ 8} Defendant's sole assignment of error is overruled. The convictions of the Medina County Court of Common Pleas are affirmed.
BAIRD, J., CARR, J. CONCUR.
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