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State of Ohio v. Nicholas Walton

November 3, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
NICHOLAS WALTON DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-534462

The opinion of the court was delivered by: Larry A. Jones, P.J.:

Cite as State v. Walton,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED

BEFORE: Jones, P.J., Cooney, J., and E. Gallagher, J.

{¶1} Defendant-appellant, Nicholas Walton, appeals his aggravated robbery conviction. We affirm.

I

{¶2} In 2009, Walton was charged with aggravated robbery and kidnapping with one- and three-year firearm specifications. The charges stemmed from the May 15, 2009 robbery of Becker's Donuts in Cleveland.

{¶3} Walton waived his right to a jury trial, and the case proceeded to a bench trial. At the close of the state's case, Walton made a Crim.R. 29 motion for acquittal, which was denied. Walton testified and at the conclusion of his testimony, renewed his Crim.R. 29 motion; the motion was again denied. The court found Walton guilty of both counts and the firearm specifications, but merged the aggravated robbery and kidnapping charges as allied offenses. The state elected to proceed to sentencing on the aggravated robbery charge. The trial court sentenced Walton to a nine-year prison term.

{¶4} Walton raises the following assignments of error for our review:

{¶5} "I. The trial court erred in shifting the burden of persuasion to appellant to prove alibi.

{ΒΆ6} "II. Appellant's conviction for robbery was against the manifest ...


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