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State of Ohio v. Frankie D. Mosley

October 18, 2011

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
FRANKIE D. MOSLEY, DEFENDANT-APPELLANT.



APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 09CR-5913)

The opinion of the court was delivered by: Tyack, J.

Cite as State v. Mosley,

(REGULAR CALENDAR)

DECISION

{¶1} Frankie D. Mosley is appealing from his convictions for attempted murder, felonious assault on a police officer, aggravated robbery and other related charges and firearm specifications. He was sentenced to a term of incarceration of 102 years.

{¶2} Counsel for Mosley has assigned two errors for our consideration:

I. THE TRIAL COURT ERRED WHEN IT ENTERED JUDGMENT AGAINST THE APPELLANT WHEN THE JUDGMENT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.

II. THE TRIAL COURT ERRED BY DENYING APPELLANT'S MOTION FOR SEVERANCE.

{¶3} The charges against Mosley stemmed from two separate incidents, one of which occurred on September 4, 2009 and the second of which occurred on September 22, 2009.

{¶4} On September 4, 2009, Mosley robbed and shot Larry Frazier. Frazier had done work on Mosley's truck on prior dates and knew Mosley from the neighborhood. The fact Frazier was robbed and shot was not in serious question. The fact that Mosley was the robber also was not open to serious debate.

{¶5} In the second set of incidents, those which occurred on September 22, 2009, Mosley stole the blue Dodge Neon being driven by an acquaintance. Mosley had a firearm which he fired to warn the driver. Later, when police attempted to apprehend him, he shot at police. The revolver used to shoot Frazier was found in the Dodge Neon when Mosley was finally caught and subdued.

{¶6} The two incidents were sufficiently similar and sufficiently linked so as to make their joinder for trial appropriate. We are bound by the rulings of the Supreme Court of Ohio on this issue and that court has consistently favored joinder of similar cases for trial. See for instance, State v. Torres (1981), 66 Ohio St.2d 340.

{¶7} The second assignment of error is overruled.

{ΒΆ8} The weight of the evidence clearly favored the verdicts reached. Sufficiency of the evidence is the legal standard applied to determine whether the case should have gone to the jury. ...


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