In Re R.C., 22615 (11-7-2008)
In Re R.C., 22615 (11-7-2008)
Opinion of the Court
{¶ 2} On appeal, in two assignments of error, R.C. claims the verdict was not *Page 2 supported by sufficient evidence and was against the manifest weight of the evidence.
{¶ 5} Both JaMichael and DeMarcus identified R.C. in court as one of the two robbers.
{¶ 6} R.C. claims that JaMichael made inconsistent statements to Det. Saunders — who investigated the robbery — about whether R.C. had a gun, first saying he did and then saying he didn't. Although JaMichael appears to have given inconsistent statements to Det. Saunders, the trial court testimony of both JaMichael and DeMarcus was that it was the confederate — not R.C. — who pulled the gun.
{¶ 7} R.C. also seems to suggest that because DeMarcus couldn't see the gunman's face — because he was wearing a hoodie — he likewise wouldn't have been able to see R.C.'s face, because R.C. was also wearing a hoodie. But DeMarcus *Page 3 testified "his (R.C.'s) face was showing." DeMarcus also testified that he identified R.C. at a lineup and selected his picture from a photo array. Det. Saunders testified that he arrested R.C. at Meadowdale High School a few days after the robbery after JaMichael had identified him as one of the robbers.
{¶ 8} R.C. was the sole defense witness and testified that he was at home with a toothache at the time of the robbery.
{¶ 10} The assignments of error are overruled.
FAIN, J. and WALTERS, J., concur.
(Hon. Sumner E. Walters retired from the Third District Court of Appeals sitting by assignment of the Chief Justice of the Supreme Court of Ohio). *Page 1
Case-law data current through December 31, 2025. Source: CourtListener bulk data.