State v. Browner, Unpublished Decision (11-17-2004)
State v. Browner, Unpublished Decision (11-17-2004)
Opinion of the Court
On appeal, Browner raises two assignments of error. In his first assignment of error, he contends that his convictions were against the manifest weight of the evidence and were based on insufficient evidence. A review of the manifest weight of the evidence puts the appellate court in the role of a "thirteenth juror."1 We must review the entire record, weigh the evidence, consider the credibility of the witnesses, and determine whether the trier of fact clearly lost its way and created a manifest miscarriage of justice.2 The weight to be given the evidence and the credibility of the witnesses are primarily for the trier of the facts.3 A new trial should be granted on the weight of the evidence only in exceptional cases.4
In reviewing a sufficiency-of-the-evidence claim, an appellate court must examine the evidence presented at trial and determine whether the evidence, viewed in a light most favorable to the state, could have convinced any rational trier of fact that the defendant was guilty beyond a reasonable doubt.5 With respect to the sufficiency of the evidence, questions regarding the credibility of witnesses are irrelevant because they are within the domain of the trier of fact.6
A friend of Shearer, the victim, named Cravens had his apartment broken into and various items taken. Shearer told Cravens that, in his opinion, two individuals, one of whom was named Timer, were the culprits. Shearer later took a call from Cravens asking that he meet him at a particular location. Shearer arrived and expected to see only Timer and Cravens. Instead, a group of people was waiting for him, among them, Tyrone Browner. Browner approached Shearer and punched him. A melee ensued. At one point, members of the group started pulling out guns. After being shot in the abdomen, Shearer fled from the scene. One of the individuals from the group caught up with him, whereupon a struggle ensued over a handgun. This time, Shearer was shot in the arm. A passerby driving his truck saw Shearer, stopped to pick him up, and drove him immediately to the hospital for emergency care. The passerby thought Shearer would die from his injuries on the way to the hospital. The passerby thought he heard at least twenty gunshots. Shearer testified that while he was certain that Browner had a handgun, he could not say for sure that Browner had fired it at him, although as he fled from the scene he also heard "a lot of gunshots."
On this record, we hold that the state's evidence, when viewed in a light most favorable to the prosecution, could have convinced any rational trier of fact that Browner, in complicity with his co-defendants, had knowingly caused serious physical harm to Shearer, the victim. Therefore, the evidence was sufficient to support Browner's conviction for felonious assault under R.C.
Browner also contends that his convictions were against the manifest weight of the evidence. After reviewing the record, we cannot hold that the jury clearly lost its way and created such a manifest miscarriage of justice that we must reverse Browner's convictions and order a new trial. Therefore, his convictions were not against the manifest weight of the evidence. Browner essentially argues that Shearer's testimony should not have been believed. But matters as to the credibility of witnesses are for the trier of fact to decide.7 We are cognizant that Browner was acquitted of all accompanying firearm specifications. But a finding on a specification that is inconsistent with a guilty finding on the principal charge will not undermine the guilty finding on the principal charge where sufficient evidence supports the guilty finding on the principal charge.8 As we have already held, sufficient evidence supported the convictions on the principal charges. Accordingly, we overrule the first assignment of error.
In Browner's second assignment of error, he contends that the trial court erred in imposing consecutive sentences for "one assault, on one individual, at one time." With regard to allied offenses of similar import, in applying R.C.
With regard to the imposition of consecutive sentences, the record shows that Browner had not served a prior prison term, but had been committed to the Department of Youth Services. He was convicted of two second-degree felonies, with possible terms of incarceration ranging from two to eight years. A period of eight years' incarceration was imposed on Browner for one conviction and a period of six years' incarceration for the second conviction. In order to impose a nonminimum sentence, the trial court had to find at the sentencing hearing that the shortest prison term would demean the seriousness of Browner's conduct or would not adequately protect the public from future crime.14 In this case, the trial court made both findings on the record. We note that the court was not required to give its reasons for those findings before it imposed the nonminimum sentences.15 With regard to the consecutive sentences, the Ohio Supreme Court has stated, "[P]ursuant to R.C.
With regard to the one maximum sentence imposed on Browner, in order 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 committed one of the "worst forms of the offense" or poses the greatest likelihood of recidivism.18 The trial court made the required findings on the record and gave reasons for those findings.19 Having concluded that the trial court committed no error in sentencing Browner for the two convictions, we overrule Browner's second assignment of error.
Therefore, we affirm the trial court's judgment.
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.
Winkler, P.J., Hildebrandt and Gorman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.