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. Fleming

Court of Appeals of Ohio, Ninth District, Lorain

March 13, 2017

STATE OF OHIO Appellee
v.
JASON FLEMING and JERRY L. FLEMING Appellants

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE Nos. 13CR088279 13CR088280

          GIOVANNA V. SCALETTA-BREMKE, Attorney at Law, for Appellants.

          DENNIS P. WILL, Prosecuting Attorney, and NATASHA RUIZ GUERRIERI, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          CARR, PRESIDING JUDGE.

         {¶1} Appellants Jason Fleming and Jerry Fleming appeal their convictions in the Lorain County Court of Common Pleas. This Court affirms.

         I.

         {¶2} Jason and Jerry were each indicted on one count of breaking and entering and one count of possessing criminal tools, both felonies of the fifth degree. After pleading not guilty, both men waived their rights to a jury trial and elected to be tried by a judge. The Flemings were tried together after the court obtained their waivers of any potential conflict due to their representation by attorneys who practiced in the same office. At the conclusion of the bench trial, the judge found both Jason and Jerry guilty of both counts. Jason was sentenced to two years of community control, while Jerry was sentenced to one year of community control. Both men filed timely appeals, each raising one identical assignment of error.

         II.

         ASSIGNMENT OF ERROR

         [APPELLANTS'] CONVICTIONS ARE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE IN VIOLATION OF THE DUE PROCESS CLAUSE OF THE 14TH AMENDMENT TO THE U.S. CONSTITUTION AND OF THE OHIO CONSTITUTION.

         {¶3} Jason and Jerry submitted substantially identical briefs and raise identical arguments. They argue that their convictions are against the manifest weight of the evidence. This Court disagrees.

In determining whether a criminal conviction is against the manifest weight of the evidence, an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses and determine whether, in resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed and a new trial ordered.

State v. Otten, 33 Ohio App.3d 339, 340 (9th Dist.1986).

Weight of the evidence concerns the tendency of a greater amount of credible evidence to support one side of the issue more than the other. State v. Thompkins, 78 Ohio St.3d 380, 387 (1997). Further when reversing a conviction on the basis that it was against the manifest weight of the evidence, an appellate court sits as a "thirteenth juror, " and ...

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.