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State of Ohio v. Jessie Wilson

November 3, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
JESSIE WILSON, JR. DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-540498

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

Cite as State v. Wilson,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Stewart, J., Blackmon, P.J., and Boyle, J.

{¶1} A jury found defendant-appellant Jessie Wilson, Jr. guilty of attempted murder and felonious assault on evidence that he discharged a gun at a police officer from close range during a foot chase. Wilson complains on appeal not only that there was insufficient evidence to show that he possessed and discharged a firearm, but that the jury's verdict on those points was against the manifest weight of the evidence. He also complains that the court erroneously allowed a police officer to testify to a statement he made after being apprehended but before he had voluntarily waived his right against self-incrimination.

I

{¶2} Wilson first argues that the state failed to provide sufficient evidence to prove his convictions.

A

{¶3} We determine whether the evidence is sufficient to sustain a verdict by examining the evidence in the light most favorable to the prosecution and determining whether any rational trier of fact could have found that the prosecution proved the essential elements of the crime beyond a reasonable doubt. State v. Yarbrough, 95 Ohio St.3d 227, 2002-Ohio-2126, 767 N.E.2d 216, at ¶78, quoting Jackson v. Virginia (1979), 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560.

B

{¶4} The state charged Wilson with attempted murder under R.C. 2903.02(A), which states that "[n]o person shall purposely cause the death of another ***." It also charged Wilson with felonious assault under R.C. 2903.11(A)(2), which stated that "[n]o person shall knowingly *** [c]ause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance."

{ΒΆ5} The state's evidence showed that police officers were on patrol in a marked zone car as a result of several calls reporting drug activity in a neighborhood. They were on the lookout for a blue, Ford Thunderbird automobile that had been the subject of specific complaints. A dashboard-mounted video camera on the police car shows the officers slowing as they passed a parked, blue Thunderbird on a side street. The police car reversed and pulled behind the Thunderbird. There were three occupants in the car: a driver and passenger in the front seat and Wilson sitting in the back seat. Wilson exited the car and the officers did the same. Without warning, Wilson then bolted across the street. One of the officers followed. When the officer was within arm's reach of Wilson, Wilson produced a black handgun and fired a shot. The officer immediately moved out of the way and heard a second shot. He rolled to the ground and pulled his service weapon, momentarily losing sight ...


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