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State v. Norfleet

Court of Appeals of Ohio, Fifth District, Coshocton

March 30, 2017

STATE OF OHIO Plaintiff-Appellee
v.
WILLIE NORFLEET, JR. Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 16CR0017 Affirmed

          For Plaintiff-Appellee JASON W. GIVEN

          For Defendant-Appellant DAN GUINN

          Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Willie Norfleet, Jr., appeals his July 18, 2016 conviction and sentence of the Court of Common Pleas of Coshocton County, Ohio. Plaintiff-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On February 29, 2015, the Coshocton County Grand Jury indicted appellant on one count of aggravated burglary with a firearm specification in violation of R.C. 2911.11 and 2941.141, four counts of kidnapping in violation of RC. 2905.01, one count of carrying a concealed weapon in violation of R.C. 2923.12, one count of having a weapon while under disability in violation of R.C. 2923.13, and one count of tampering with evidence in violation of R.C. 2921.12. Said charges arose from an incident involving appellant and his two brothers, Josh and Jason, and the victims, Linda Murray, Samantha Crenshaw, Carrie Goff, and Brittany Harris, at the home of Ms. Murray on February 3, 2016.

         {¶ 3} A jury trial commenced on July 12, 2016. The jury found appellant guilty of the aggravated burglary count with the firearm specification and the four counts of kidnapping, and not guilty of the remaining counts. By judgment entry filed July 18, 2016, the trial court sentenced appellant to ten years on the aggravated burglary count with an additional mandatory three years for the firearm specification, and five years on each of the kidnapping counts, to be served consecutively, for a total term of thirty-three years in prison.

         {¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

         I

         {¶ 5} "APPELLANT'S CONVICTION FOR BURGLARY AND KIDNAPPING WERE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE."

         II

         {¶ 6} "THE TRIAL COURT ERRED IN SENTENCING APPELLANT TO CONSECUTIVE SENTENCES AS THE COURT FAILED TO ENGAGE IN THE REQUISITE THREE PART ANALYSIS REQUIRED TO SENTENCE ONE TO CONSECUTIVE SENTENCES BY FAILING TO FIND ANY OF THE THREE FACTORS LISTED IN ORC 2929.14(C)(4)(a)-(c) APPLIED."

         I

         {¶ 7} In his first assignment of error, appellant claims his conviction for aggravated burglary and kidnapping were against the manifest weight of the evidence. We disagree.

         {¶ 8} On review for manifest weight, a reviewing court is to examine 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 jury 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. Martin,20 Ohio App.3d 172, 175, 485 N.E.2d 717 (1st Dist.1983). See also, State v. Thompkins, 78 Ohio St.3d 380, 1997-Ohio-52, 678 N.E.2d 541. The granting of a new trial "should be exercised only in the exceptional case in which the evidence weighs heavily against the conviction." Martin at 175. We note the weight to be given to the evidence and the credibility of the witnesses are issues for the trier of fact. State v. DeHass, 10 Ohio St.2d 230, 237 N.E.2d 212 (1967). The trier of fact "has the best ...


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