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State v. Wiggins

Court of Appeals of Ohio, Tenth District

January 10, 2017

State of Ohio, Plaintiff-Appellee
v.
Treshawn C. Wiggins, Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas No. 15CR-3921

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Michael P. Walton, for appellee.

         On brief:

          Barnhart Law Office LLC, and Robert B. Barnhart, for appellant.

          DECISION

          HORTON, J.

         {¶ 1} Defendant-appellant, Treshawn C. Wiggins ("appellant"), appeals from a judgment of the Franklin County Court of Common Pleas finding him guilty of felonious assault with a firearm specification, and having a weapon while under disability. For the following reasons, we affirm.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On August 12, 2015, appellant was indicted for felonious assault with a firearm specification, and having a weapon while under disability. (Aug. 12, 2015 Indictment.) The case proceeded to trial on February 1 through 3, 2016.

         {¶ 3} The testimony showed that in the early morning of August 2, 2015, Eric Speights flagged down a police officer to report that someone had shot at his vehicle. (Apr. 13, 2016 Tr. Vol I. at 89-90.) The officer observed a bullet hole in the driver's side of the car. (Tr. Vol I. at 91.) Speights described the shooter as "a short male black, very light skinned, with blondish hair, with twists in his hair." (Tr. Vol I. at 92.) He also reported that the shooter had a band-aid on his face. (Tr. Vol I. at 93.) While the officers thought the description matched an individual they might know, they could not recall the person's name. Id.

         {¶ 4} Speights used Facebook to find people nearby and identified a light-skinned guy with a band-aid on his face as the shooter, but the individual's Facebook name was not his real name. (Tr. Vol I. at 94.) The responding officers contacted some other officers and showed them the picture. (Tr. Vol I. at 121-22, 135.) The other officers identified the person with the band-aid as Treshawn Wiggins. (Tr. Vol I. at 137.)

         {¶ 5} Speights testified about the details of the incident in question. He was returning from a pizza delivery when two men and one woman crossed in front of his car in the middle of the street. (Tr. Vol I. at 161.) He slammed on his brakes to avoid hitting them. Id. He started yelling at the group and threats were exchanged. (Tr. Vol I. at 165-66.) From the street corner, the person he identified as Wiggins fired about five or six shots at this vehicle. (Tr. Vol I. at 168-70.) Speights flagged down an officer on his way back from another pizza delivery and reported the incident. (Tr. Vol I. at 171-72.)

         {¶ 6} During opening statements, defense counsel told the jury that Wiggins' girlfriend, Daviona Pace, would testify on his behalf that he was watching his child and some nieces and nephews that night. (Tr. Vol I. at 76-77.) Pace never testified.

         {¶ 7} Wiggins testified in his own defense. He stated that he had hospital tape on his face that day and in the picture on Facebook because his child's mother had accidentally kneed him in the face while they were playfully wrestling. (Apr. 13, 2016 Tr. Vol. II at 239.) He testified that on the night ...


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