State v. French, Unpublished Decision (7-13-2005)
State v. French, Unpublished Decision (7-13-2005)
Opinion of the Court
Defendant-appellant Marvin French appeals the trial court's judgment convicting him, following a jury trial, of aggravated murder in violation of R.C.
In his first assignment of error, French argues that his convictions for the aggravated murder of Alberto St. Clair Hamilton and the murder of Jermico Clifford were against the manifest weight of the evidence. In his second assignment, French maintains that his robbery convictions were also against the manifest weight of the evidence. Because these assignments raise identical issues-inconsistencies in the testimony presented by the state-we discuss them together.
Upon reviewing the record, we are mindful that, in either a civil or a criminal case, the weight to be given the evidence and the credibility of the witnesses are primarily for the trier of fact.1 Here, the record reveals that the state presented evidence that if believed by the jury, established that French had intended to rob Hamilton of marijuana. During the robbery, French shot and killed Hamilton and Clifford, his friend who was accompanying French on his visit to Hamilton, with a handgun. French's fingerprints were found on a car in the garage where the victims were murdered. Before fleeing from the scene, French pulled down each victim's pants and emptied their pockets.
A witness, Joseph Strickland, drove French to Hamilton's auto-repair garage and testified that he saw French shoot Hamilton. George Heflin, a garage employee, testified that he saw French fire his gun at Clifford while Clifford and Hamilton were engaged in a scuffle. Heflin further testified that he saw French run out of the garage carrying bags.
French maintains that the testimony of Heflin and Strickland was inconsistent with the accounts that they had given to the police after the murders. For example, French asserts that Strickland originally told the police that he had driven to the auto-repair garage to buy new tire rims and that he had seen French with a gun, but that it was at his side. French also points out that although Heflin testified that French was the shooter, he had not mentioned French by name when giving his statement to the police.
Upon a careful review of the record, we hold that the slight inconsistencies noted by French in the testimony of the state's witnesses does not demonstrate that the jury lost its way and created a manifest miscarriage of justice so as to require a new trial.2 A reasonable juror could have believed that both Strickland and Heflin did not tell the police everything they knew at first because of a common reluctance amoung witnesses to drug-related crimes to get involved. Further, evidence presented at trial revealed that French had fled to Georgia after the shootings and that he had attempted to change his name before being caught by police. This could reasonably have been considered to reflect his culpability.
The first and second assignments of error are overruled.
In his third and final assignment of error, French contends that the trial court erred by imposing sentences under R.C.
R.C.
The third assignment of error is sustained, and the judgment of the trial court is affirmed as modified.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.