Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Brown

Court of Appeals of Ohio, Ninth District

June 26, 2013

STATE OF OHIO Appellee
v.
ROBERT D. BROWN Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 1110 2767

RODNEY A. BACA, Attorney at Law, for Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

DONNA J. CARR, Presiding Judge.

{¶1} Appellant, Robert Brown, appeals his conviction for aggravated robbery with a firearm specification. Because Brown's conviction is against the manifest weight of the evidence, this Court reverses and remands for a new trial.

I.

{¶2} On September 3, 2011, someone robbed the EuroGyro restaurant's "chuck wagon" at gunpoint. The robber wore a mask that obscured the lower half of his face and was dressed as though he had been playing basketball. A EuroGyro employee estimated that the robber was about his own weight, but shorter. The employee could not identify a suspect from a photo array.

{¶3} With no leads to go on, the police turned to reports of recent arrests within a one-block radius of the robbery. Investigating officers learned that Brown, who "relatively matched" the description given by the EuroGyro employee, had been arrested two times in the neighborhood. Both times, he had been in possession of a firearm. That information led police to arrest him in connection with the EuroGyro robbery. He was charged with two counts of aggravated robbery accompanied by firearm specifications and found guilty of one of the charges after a bench trial. The trial court sentenced Brown to six years in prison. Brown appealed, raising two assignments of error. Because his second assignment of error is dispositive of this appeal, we address it first.

II.

ASSIGNMENT OF ERROR II
THE CONVICTIONS OF THE TRIAL COURT ARE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AND THE EVIDENCE WAS INSUFFICIENT AS A MATTER OF LAW TO PROVE THE CONVICTIONS BEYOND A REASONABLE DOUBT.

{¶4} Brown's second assignment of error argues that the State did not produce sufficient evidence demonstrating that he was the man who robbed EuroGyro and that even if the evidence was sufficient, his conviction is against the manifest weight of the evidence. With respect to the weight of the evidence, we agree.

{¶5} "Whether a conviction is supported by sufficient evidence is a question of law that this Court reviews de novo." State v. Williams, 9th Dist No 24731, 2009-Ohio-6955, at ¶ 18, citing State v Thompkins, 78 Ohio St.3d 380, 386 (1997) The relevant inquiry is whether the prosecution has met its burden of production by presenting sufficient evidence to sustain a conviction Thompkins, at 390 (Cook, J, concurring). In reviewing the evidence, we do not evaluate credibility, and we make all reasonable inferences in favor of the State. State v. Jenks, 61 Ohio St.3d 259, 273 (1991). The State's evidence is sufficient if it allows the trier of fact to reasonably conclude that the essential elements of the crime were proven beyond a reasonable doubt. Id.

{¶6} The identity of a perpetrator must be proved by the State beyond a reasonable doubt. State v. Flynn, 9th Dist. No. 06CA0096-M, 2007-Ohio-6210, ¶ 12. As with any other element, identity may be proved by direct or circumstantial evidence, which do not differ with respect to probative value. State v. Gibson, 9th Dist. No. 23881, 2008-Ohio-410, ¶ 8. A reviewing court, however, cannot "fill in the blanks" when the State fails to produce evidence related to an essential element of an offense. Akron v. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.