State v. Logan
State v. Logan
Opinion
{¶ 1} Defendant-appellant, Evred J. Logan ("Logan"), appeals the May 9, 2016 judgment entry of sentence of the Allen County Court of Common Pleas. For the reasons that follow, we affirm.
{¶ 2} This case stems from an agreement between Logan and Timothy Cole ("Cole") and Jenna Shofner ("Shofner") 1 in which Logan agreed to provide Cole and Shofner heroin in exchange for performing renovation-work at Logan's house. Unsurprisingly, *574 the agreement soured and Logan allegedly compelled Cole and Shofner to perform renovation work at his house against their will on December 27-29, 2015.
{¶ 3} On February 11, 2016, the Allen County Grand Jury indicted Logan on three counts, including: Count One of kidnapping in violation of R.C. 2905.01(A)(6), (C)(1), a first-degree felony; Count Two of kidnapping in violation of R.C. 2905.01(A)(6), (C)(1), a first-degree felony; and Count Three of felonious assault in violation of R.C. 2903.11(A)(1), (D)(1)(a), a second-degree felony. (Doc. No. 3). Counts One and Two of the indictment include a specification under R.C. 2941.145(A) alleging that Logan committed the offenses with a firearm. ( Id. ).
{¶ 4} On February 19, 2016, Logan appeared for arraignment and entered pleas of not guilty. (Doc. No. 12).
{¶ 5} Prior to the start of trial, Logan's trial counsel informed the trial court that Logan wished to proceed pro se. (Mar. 28-30, 2016 Tr., Vol. I, at 4-5). The trial court conducted an ex parte hearing with Logan and his trial counsel regarding Logan's reasoning for his decision, then discussed, on the record, Logan's decision to represent himself at trial. ( See id. at 6-22, 23-31). After Logan singed a waiver of counsel, the trial court permitted him to represent himself. ( Id. at 32); (Doc. No. 62).
{¶ 6} The case proceeded to a jury trial on March 28-30, 2016. (Mar. 28-30 Tr., Vol. I, at 1); (Mar. 28-30, 2016 Tr., Vol. II, at 263, 348). On March 30, 2016, the jury found Logan guilty of the counts in the indictment and not guilty as to the specifications in the indictment. (Doc. Nos. 66, 67, 68, 70); (Mar. 28-30, 2016 Tr., Vol. II, at 348-352). The trial court filed its judgment entry of conviction that same day. (Doc. No. 70). On May 9, 2016, the trial court sentenced Logan to 4 years in prison on Count One, 4 years in prison on Count Two, and 7 years in prison on Count Three, and ordered that Logan serve the terms consecutively for an aggregate sentence of 15 years in prison. (Doc. No. 73).
{¶ 7} On June 8, 2016, Logan filed his notice of appeal. (Doc. No. 76). He raises two assignments of error for our review.
Assignment of Error No. I
The trial court violated Evred J. Logan's rights to due process and a fair trial when, in the absence of sufficient evidence, Mr. Logan was convicted of Counts 1 and 2, kidnapping. Fifth and Fourteenth Amendments to the United States Constitution and Article I, Section 16 of the Ohio Constitution. (Tr. p. 78-80, 84, 87, 88, 89, 152, 153, 157, 194, 201, and 203; May 9, 2016 Sentencing Hearing Tr. p. 13 and 14).
{¶ 8} In his first assignment of error, Logan argues that his kidnapping convictions are based on insufficient evidence. 2 Specifically, Logan argues that there is insufficient evidence that he restrained Cole's and Shofner's liberty and that there is insufficient evidence that he purposefully held Cole and Shofner in a condition of involuntary servitude.
{¶ 9} "An appellate court's function when reviewing the sufficiency of the evidence to support a criminal conviction is to examine the evidence admitted at trial to determine whether such evidence, if believed, would convince the average mind of the defendant's guilt beyond a reasonable doubt."
*575
State v. Jenks
,
{¶ 10} Logan was convicted of two counts of kidnapping in violation of R.C. 2905.01(A)(6), which provides, in relevant part:
(A) No person, by force, threat, or deception * * * shall * * * restrain the liberty of the other person, for any of the following purposes:
* * *
(6) To hold in a condition of involuntary servitude.
{¶ 11} Because they are the only elements Logan challenges on appeal, we will address only whether the evidence, when viewed in a light most favorable to the prosecution, is such that a rational trier of fact could have found that: (1) Logan restrained Cole's and Shofner's liberty; and (2) Logan purposefully held Cole and Shofner in a condition of involuntary servitude.
{¶ 12} "Restraining an individual's liberty means limiting or restraining their freedom of movement. The restraint need not be for any specific duration or in any specific manner."
State v. Williams
, 10th Dist. Franklin No. 16AP-540,
A person acts purposely when it is the person's specific intention to cause a certain result, or, when the gist of the offense is a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, it is the offender's specific intention to engage in conduct of that nature.
R.C. 2901.22(A).
{¶ 13} R.C. 2905.01(D) provides that "involuntary servitude" has the same meaning as in R.C. 2905.31. R.C. 2905.31 defines "involuntary servitude" as "being compelled to perform labor or services for another against one's will." R.C. 2905.31(A). The phrase "involuntary servitude" as an element of kidnapping has not been interpreted either before or after the General Assembly enacted Sub.S.B. No. 235.
3
Compare
*576
State v. Nelson
, 8th Dist.,
{¶ 14} "Human trafficking legislation is rooted in the Thirteenth Amendment to the United States Constitution, which expressly states that '[n]either slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.' " Rocha at 425, quoting the Thirteenth Amendment. "Similarly, the Ohio Constitution states that '[t]here shall be no slavery in this state; nor involuntary servitude, unless for the punishment of crime.' " Nelson at ¶ 48, quoting the Ohio Constitution.
{¶ 15} "In 1948, Congress enacted Section 1582 of the United States Code to consolidate previous anti-slavery statutes and to criminalize involuntary servitude." Rocha at 425, citing 18 U.S.C. 1584. However, because Congress did not define the phrase "involuntary servitude," "courts were left to interpret Congress' intent."
Courts have defined the phrase "involuntary servitude" * * * under the Thirteenth Amendment in various contexts. In U.S. v. Kozminski , the United States Supreme Court explained that "involuntary servitude" exists if a person is forced to work "by the use or threatened use of physical or legal coercion."
Nelson
at ¶ 49, quoting
The Eighth District further documented:
In Rowe v. Elyria , a property owner complained * * * that enforcement of a city mowing ordinance subjected him to involuntary servitude in violation of the Thirteenth Amendment to the United States Constitution. The property owner complained that forcing him to mow the grass or pay a fine could be characterized as a "badge or incident of slavery." Citing Kozminski , the Sixth Circuit explained that while the Thirteenth Amendment was not limited to the abolishment of African slavery, the phrase "involuntary servitude" was intended to cover forms of compulsory labor akin to African slavery that "in practical operation would tend to produce like undesirable results." The Sixth Circuit concluded[,] "While we have not located any cases discussing the imposition of charges for failing to maintain property, we conclude that even if the tree lawn is owned by the city enforcement of the mowing ordinance does not involve the kind of compulsion that would constitute *577 involuntary servitude under the Thirteenth Amendment."
Nelson
at ¶ 50, quoting
Rowe v. Elyria
,
The [United States District Court for the Northern District of Ohio] in Midwest Retailer Associated, Ltd. v. Toledo , expressed a similar interpretation of the phrase "involuntary servitude," stating that "[t]he contemporary view is that involuntary servitude claims, to be cognizable, relate to extreme cases, such as labor camps, isolated religious sects, and forced confinement."
Id.
at ¶ 51, quoting
Midwest Retailer Associated, Ltd. v. Toledo
,
{¶ 16} From there, the Eighth District addressed the human-trafficking purpose behind Sub.S.B. 235 and noted that " 'trafficking refers to the elements of "fraud, force, or coercion" that result in the victim's inability to escape the traffickers' control." Id. at ¶ 55, quoting Rocha at 420. See also Rocha at 420 ("traffickers compel victims * * * through a variety of coercive measures, including the use of brutal violence, threats of deportation, and threats of violence against family members."). Although the topic of human trafficking most often rears its head when discussing sex crimes, the involuntary-servitude prohibition under R.C. 2905.01 does not require the compulsion of sexual acts. See Nelson at ¶ 55, quoting Rocha at 421 (" 'Human trafficking can be either sex trafficking or labor trafficking.' "). Indeed, as the Eighth District espoused, the historical roots of human-trafficking legislation stem from the intent to criminalize forced labor. " 'Labor trafficking may consist of forced labor, debt bondage, involuntary domestic servitude, and forced child labor.' " Id. , quoting Rocha at 421, citing 18 U.S.C. 1589 and 22 U.S.C. 7102. As such, inherent in the definition of involuntary servitude-"being compelled to perform labor or services for another against one's will"-are the concepts underlying the labor-trafficking component of human trafficking. Compare R.C. 2905.31(A) with 18 U.S.C. 1589 and 22 U.S.C. 7102(6).
{¶ 17} Logan argues that the State failed to prove that he restrained the liberty of Cole and Shofner for the purpose of holding them in a condition of involuntary servitude because Logan "was extracting retribution [against Cole and Shofner] for stealing the pills" when Logan "orchestrated the fight between Ms. [Valerie] Johnson [ ("Johnson") ] and Ms. Shofner." (Appellant's Brief at 8). We disagree. The State presented sufficient evidence that Logan restrained Cole's and Shofner's liberty with the purpose of holding them in a condition of involuntary servitude. That is, based on the testimony presented at trial, a rational juror could conclude that Logan limited or restrained Cole's and Shofner's freedom of movement for the purpose of *578 performing labor or services against their will.
{¶ 18} Shofner testified at trial that she became acquainted with Logan during the summer of 2015. (Mar. 28-30, 2016 Tr., Vol. II, at 182-183). Cole was introduced to Logan in November or December of 2015. (Mar. 28-30, 2016 Tr., Vol. I, at 61, 70). Logan became Cole's and Shofner's heroin dealer. ( Id. at 70). According to Cole, in exchange for Logan providing him heroin, Cole agreed to renovate portions of Logan's house. ( Id. at 71-74). Cole testified that his arrangement with Logan was copacetic at first but began to sour around Christmas 2015. ( Id. at 73-81).
{¶ 19} Shofner testified that she and Cole went to Logan's house on December 27 "to work on his house" and to take "some pills over to trade him" for heroin. (Mar. 28-30, 2016 Tr., Vol. II, at 189-190). ( See also Mar. 28-30, 2016 Tr., Vol. I, at 82-83). After they gave Logan the pills, Logan refused to give them heroin. (Mar. 28-30, 2016 Tr., Vol. II, at 190-191). ( See also Mar. 28-30, 2016 Tr., Vol. I, at 82-84). Cole protested. (Mar. 28-30, 2016 Tr., Vol. II, at 191). According to Shofner, in response to Cole's protest, Logan said, " 'Are we going to have a problem? You can either stay and work or you can take this ass whipping and leave.' " ( Id. ). ( See also Mar. 28-30, 2016 Tr., Vol. I, at 84). After that exchange, Logan "went to go get in the shower and asked [them] if he was going to have to worry about [their] running off, and [Cole and Shofner] told him 'no.' " (Mar. 28-30, 2016 Tr., Vol. II, at 191). ( See also Mar. 28-30, 2016 Tr., Vol. I, at 84). Cole and Shofner "grabbed the four pills" and left. (Mar. 28-30, 2016 Tr., Vol. II, at 191-192).
{¶ 20} Cole testified that Logan contacted him by text message later that day and "said that if [they] came back he would pay [them]." (Mar. 28-30, 2016 Tr., Vol. I, at 86). Cole responded to Logan that he did not want to return to his house because he "was afraid that he was going to punch [him], or try to harm [him]." ( Id. ). Cole testified that Logan "said that he wasn't [going to hurt him], that he just wanted to get the work done." ( Id. ). Based on Logan's assurance, Cole and Shofner returned to Logan's house, but Logan was not at the house when they arrived. ( Id. at 86-87). ( See also Mar. 28-30, 2016 Tr., Vol. II, at 192-193). When Logan arrived, he implied that he "tricked" Cole and Shofner into returning to his house. (Mar. 28-30, 2016 Tr., Vol. I, at 87) (Cole testified that Logan said, "You fell for my little trap"); (Mar. 28-30, 2016 Tr., Vol. II, at 194) (Shofner testified that Logan asked, " 'Do you guys like how I tricked you?' "). Then, Johnson appeared. (Mar. 28-30, 2016 Tr., Vol. I, at 87); (Mar. 28-30, 2016 Tr., Vol. II, at 194). Shofner knew she "was in trouble" because Logan "threatened [her] with [Johnson] before by saying "things like, 'Don't make me have to sic [Johnson] on your ass.' " (Mar. 28-30, 2016 Tr., Vol. II, at 194). When Shofner saw Johnson, she dialed 911. ( Id. ).
{¶ 21} Shofner testified, "[Johnson] hit [Cole] a few times" but Logan instructed Johnson, " 'Don't hit him. Hit her,' " with which Johnson complied. ( Id. at 195). When Johnson began assaulting Shofner, Cole "tried to go through the [front] door" but he "and Logan struggled at the door for a minute and then [Logan] was able to keep [Cole] inside." (Mar. 28-30, 2016 Tr., Vol. I, at 88). Logan "had Johnson take [Shofner] to the kitchen and beat on her in there." ( Id. ). While Johnson was assaulting Shofner in the kitchen, Logan, with a firearm in his waistband, told Cole, "I knew it would hurt you more if I had her beat." ( Id. at 89-90). Shofner recalled that Logan had a gun "in his hand" while Johnson was assaulting her and that Logan threatened *579 to "shoot [Cole's] mom's house up." (Mar. 28-30, 2016 Tr., Vol. II, at 198-199). Shofner lost consciousness as a result of the assault. (Mar. 28-30, 2016 Tr., Vol. I, at 95).
{¶ 22} When Shofner regained consciousness, Logan "wanted [Cole] to get back to work [painting a door]. So, [Cole] followed suit and went back to work" because he "was pretty scared and shook up." ( Id. at 96). Shofner testified that, after the assault, Cole was painting and she "tried to work as much as [she] could" because she "was afraid" and "didn't want to get hurt again." (Mar. 28-30, 2016 Tr., Vol. II, at 199). Shofner "was mainly picking up after [Cole], like there was sawdust or drywall dust on the floor and she would sweep it up and pick it up, but just stuff of that nature." (Mar. 28-30, 2016 Tr., Vol. I at 97). Cole and Shofner remained at Logan's house while Cole "finished texturing, putting a finished texture on the ceiling[,] sand[ing] the walls [, and] paint[ing] the upstairs bedroom, the kitchen, and the front room." ( Id. at 96-97). Indeed, Cole testified that he "worked all night" on December 27 and continued working until "roughly midnight" on December 28. ( Id. at 98, 101). Shofner testified that she and Cole eventually fell asleep "for an hour or two" before they were woken by Logan the morning of December 28 demanding that they " 'get to work.' " (Mar. 28-30, 2016 Tr., Vol. II, at 200). On December 28, Cole testified that he "finished up doors [,] mounted a bathroom sink[, and] did some work in the basement[, along with] some other little stuff that needed to be finished." (Mar. 28-30, 2016 Tr., Vol. I, at 99).
{¶ 23} Cole testified that Logan told Cole, while Cole was working, that "he could have someone come to [Cole's] mom's house and shoot her house." ( Id. at 97-98). Based on Logan's threat, Cole "was pretty scared at that time to try to leave or anything like that." ( Id. at 98). According to Shofner, she did not think she could leave the house without being harmed. (Mar. 28-30, 2016 Tr., Vol. II, at 200).
{¶ 24} Cole testified that Logan allowed Shofner to leave the house on December 28 "to go to the [Children Services] office to visit with [their] son." ( Id. at 99-100). ( See also Mar. 28-30, 2016 Tr., Vol. II, at 200-201). Shofner testified that Logan did not want her to leave but eventually agreed to let her go provided that she promise not to go to the police. (Mar. 28-30, 2016 Tr., Vol. II, at 201). According to Cole, Logan "stressed the fact that he didn't want her to go to the cops." (Mar. 28-30, 2016 Tr., Vol. I, at 100). Logan did not permit Cole to leave with Shofner because "[h]e wanted [Cole] to finish the work on his house." ( Id. at 100). Shofner did not report the assault to anyone when she went to visit her son and returned to the house because she "was afraid" Logan would "hurt" Cole, Cole's mother, or Shofner. ( Id. at 201-202). ( See also Mar. 28-30, 2016 Tr., Vol. I, at 101).
{¶ 25} Ultimately, to escape from Logan's house, Shofner and Cole concocted a plan in which they saved their cell-phone number in their cell-phone under Cole's boss's name and sent a text message as if Cole's boss were requesting that Cole report to work. (Mar. 28-30, 2016 Tr., Vol. II, at 205-207). ( See also Mar. 28-30, 2016 Tr., Vol. I, at 101). The plan worked, and Logan allowed them to leave. (Mar. 28-30, 2016 Tr., Vol. II, at 208). ( See also Mar. 28-30, 2016 Tr., Vol. I, at 102).
{¶ 26} Construing the evidence in a light most favorable to the prosecution, the testimony summarized above would allow a rationale trier of fact to conclude that Logan restrained Cole's and Shofner's liberty. Logan struggled with Cole to prevent him from leaving the house, and Logan
*580
instructed Johnson to attack Shofner, which caused Shofner to sustain severe injuries.
See
State v. Dzelajlija
, 8th Dist. Cuyahoga No. 89912,
{¶ 27} Also, construing the testimony summarized above in a light most favorable to the prosecution, a rational trier of fact could conclude that Logan restrained Cole's and Shofner's liberty with the purpose of holding them in a condition of involuntary servitude. Indeed, the testimony summarized above demonstrates that Logan limited or restrained Cole's and Shofner's freedom of movement for the purpose of performing labor or services against their will-that is, Logan prevented Cole and Shofner from leaving his house to compel Cole and Shofner to perform renovation-related labor and services.
See
United States v. Booker
,
{¶ 28} Cole renovated Logan's house for nearly 36 hours. Logan compelled Cole to perform a number of tasks, including painting doors and multiple rooms, putting a finished texture on the ceiling, sanding walls, mounting a bathroom sink, working *581 in the basement, and finishing other "little" projects throughout the house. Although Shofner was initially unconscious from Johnson's attack, and was permitted to leave to visit her son, Shofner was compelled to work by cleaning up after Cole.
{¶ 29} Cole and Shofner feared retribution from Logan if they did not stay and work at Logan's house.
Compare
United States v. Dann
,
{¶ 30} For these reasons, we conclude that a rational juror could conclude that Logan limited or restrained Cole's and Shofner's freedom of movement for the purpose of performing labor or services against their will.
See
United States v. Djoumessi
,
{¶ 31} Accordingly, we conclude that a rational trier of fact could have found beyond a reasonable doubt that Logan committed kidnapping in violation of R.C. 2905.01(A)(6). As such, Logan's convictions are based on sufficient evidence.
{¶ 32} Logan's first assignment of error is overruled.
Assignment of Error No. II
The trial court erred in failing to advise Evred J. Logan of the possible defenses to the charges and circumstances in mitigation thereof as required by Crim.R. 44(A), thus failing to insure [sic] that Mr. Logan's waiver of counsel was knowingly, intelligently, and voluntarily made. Sixth and Fourteenth Amendments of the United States Constitution, *582 Article I, Section 10 of the Ohio Constitution. (Tr. 9-31 and 33-92).
{¶ 33} In his second assignment of error, Logan argues that the trial court erred by permitting him to represent himself at trial without ensuring that his decision was knowing, intelligent, and voluntary. In particular, he argues that his decision to represent himself at trial was not knowing, intelligent, and voluntary because the trial court failed to advise him of the possible defenses to the charges and circumstances in mitigation thereof.
{¶ 34} "The Sixth Amendment to the United States Constitution provides that an accused shall have the right 'to have the Assistance of Counsel for his defense.' "
State v. Owens
, 3d Dist. Allen No. 1-07-66,
{¶ 35} Furthermore, " Crim.R. 44(A) provides that a criminal defendant charged with a serious offense is entitled to counsel 'unless the defendant, after being fully advised of his right to assigned counsel, knowingly, intelligently, and voluntarily waives his right to counsel.' "
State v. Schleiger
,
"[W]hen a criminal defendant elects to proceed pro se, the trial court must demonstrate substantial compliance with Crim.R. 44(A) by making a sufficient inquiry to determine whether the defendant fully understood and intelligently relinquished his or her right to counsel. If substantial compliance is demonstrated, then the failure to file a written waiver is harmless error."
Id
.
, quoting
State v. Martin
,
{¶ 36} We conclude that Logan's waiver of his right to trial counsel was knowing, intelligent, and voluntary-that is, the trial court substantially complied with the requirements of Crim.R. 44(A) because it sufficiently inquired whether Logan fully understood and relinquished his right to counsel and obtained from Logan a written waiver of counsel.
See
*583
State v. Koehler
, 3d Dist. Wyandot No. 16-15-10,
{¶ 37} Indeed, the trial court cleared the courtroom to discuss, ex parte, Logan's request to represent himself with Logan and Logan's trial counsel. ( Id. at 6). During the ex parte discussion, Logan and Logan's trial counsel informed the trial court as to their divergence in trial strategy. In particular, Logan's trial counsel stated, Logan
has done a lot of work on his own. He has a lot of theories. He has expansive notes on questions he wanted to ask. I don't know that I would ask them the same way, or even ask them. So, you know, when someone is facing thirty-six years, with a minimum of six years, I think if convicted of all aspects of the case, it's pretty substantial and they should have confidence or they should be entitled to pursue it their own way should they so choose.
( Id. at 8-9).
{¶ 38} The trial court explained to Logan the State's burden of proof, the potential prison sentence Logan was facing if convicted, and his right to counsel. ( Id. at 10-11). Further, the trial court conducted a lengthy discussion with Logan regarding the disadvantages of representing himself and told Logan that "[l]awyers know the[ ] rules" that are to be followed at trial because "[t]hey went to law school to learn the rules, and how to conduct trials, and how to ask questions, and what they can say and what they can't say." ( Id. at 10-11, 19-20). The trial court also offered numerous scenarios involving defendants representing themselves at trial, discussed with Logan and his trial counsel the role of a "shadow counsel" at trial, and responded to all of Logan's questions. ( Id. at 11-19, 22). The trial court inquired whether Logan understood: (1) the penalty he was facing; (2) that he would be required to follow the same rules as a trained lawyer; and (3) what the case was about. ( Id. at 19-20). At the trial court's inquiry, Logan stated that he wanted to represent himself and wanted his trial counsel to be appointed as "shadow counsel" for trial. ( Id. at 19, 21).
{¶ 39} After the trial court was satisfied with its ex parte inquiry of Logan, the trial court in open court inquired whether Logan wished to represent himself at trial. ( Id. at 23). Again, the trial court inquired whether Logan understood that: (1) he has the right to an attorney; (2) he would be held to the same rules of evidence and criminal procedure that bind any attorney; (3) he can subpoena witnesses; and (4) he can change his mind at any time during trial and resume being represented by counsel ( Id. at 25-32). Further, during the colloquy in open court, Logan informed the trial court that he represented himself in a resisting-arrest case heard in municipal court the previous November. ( Id. at 24-25). Finally, Logan informed the trial court that he was voluntarily waiving his right to be represented by counsel at trial. ( Id. at 31-32). Thereafter, the trial court accepted his waiver of counsel, and Logan signed a written waiver of his right to trial counsel. ( Id. at 32). ( See Doc. No. 62). During the State's direct examination of its first witness, Logan informed the trial court that he no longer wanted to represent himself and wanted to be represented by counsel. (Mar. 28-30, 2016 Tr., Vol. I, at 92). The trial court accepted Logan's request and reappointed Logan's trial counsel. ( Id. at 93).
{¶ 40} Based on our review of the record, we conclude that the trial court
*584
substantially complied with the requirements of Crim.R. 44(A). The trial court devoted nearly 29 pages of trial transcript to ascertaining whether Logan knowingly, intelligently, and voluntarily waived his right to counsel. Although the trial court did not explicitly state that these are "the possible defenses to the charges and circumstances in mitigation thereof" in ascertaining whether Logan's waiver of counsel was knowing, intelligent, and voluntary, that does not mean Logan's waiver was not valid. Rather, the record reflects that Logan did "a lot of work on his own" regarding the case, developed "a lot of theories," and drafted "expansive notes on questions he wanted to ask." (Mar. 28-30, 2016 Tr., Vol. I. at 8-9). Likewise, Logan asked intelligent questions of the trial court regarding representing himself during the ex parte hearing and informed the trial court that he had previous experience representing himself in a criminal case.
Compare
Owens
,
{¶ 41} Therefore, Logan knowingly, intelligently, and voluntarily waived his right to counsel.
See
{¶ 42} Logan's second assignment of error is overruled.
{¶ 43} Having found no error prejudicial to the appellant herein in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment Affirmed
WILLAMOWSKI and ZIMMERMAN, J.J., concur.
Jenna Shofner is n.k.a. Jennifer Cole. ( See Mar. 28-30, 2016 Tr., Vol. I, at 62).
Logan does not challenge the sufficiency of the evidence supporting his conviction as to Count Three.
Although prior versions of Ohio's kidnapping statute included the phrase "involuntary servitude" as an element of a kidnapping offense, that phrase was not defined by the Ohio Revised Code. See, e.g. , R.C. 2905.01 (1996) (current version at R.C. 2905.01 (2011)). In 2010, the General Assembly amended R.C. 2905.01 by moving the involuntary-servitude element from R.C. 2905.01(B) to 2905.01(A) and defining the phrase under R.C. 2905.01(D). Compare R.C. 2905.01 (1996) with R.C. 2905.01 (2010). See Trafficking in Persons-Involuntary Servitude-Offense of Conspiracy , Sub.S.B. No. 235, 2010 Ohio Laws File 58.
Reference
- Full Case Name
- STATE of Ohio, Plaintiff-Appellee, v. Evred J. LOGAN, Defendant-Appellant.
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- The defendant-appellant's kidnapping convictions under R.C. 2905.01(A)(6) are based on sufficient evidence. The defendant-appellant's waiver of counsel was knowing, intelligent, and voluntary.