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State v. Rollison

Court of Appeals of Ohio, Third District, Marion

December 11, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
RYAN RITCHIE ROLLISON, DEFENDANT-APPELLANT.

         Appeal from Marion County Common Pleas Court Trial Court No. 2016 CR 0558

          Nathan D. Witkin for Appellant

          Kevin P. Collins for Appellee

          OPINION

          ZIMMERMAN, J.

         {¶1} Defendant-appellant, Ryan Ritchie Rollison ("Rollison") appeals the April 21, 2017 judgment of the Marion County Common Pleas Court sentencing him to twenty-four (24) months in prison after he was found guilty of Having Weapons While Under Disability in violation of R.C. 2923.13(A)(2), a felony of the third degree.

         Facts and Procedural History

         {¶2} On October 11, 2016, Rollison was indicted on one count of Having Weapons While Under Disability, in violation of R.C. 2929.13(A)(2), a felony of the third degree. (Doc. 2). His charge stems from the allegation that on October 11, 2016, at approximately 5:30 in the morning, Rollison brandished a shotgun at Frankie Newsome ("Newsome").

         {¶3} Rollison pled not guilty to the charge and a jury trial was scheduled. Prior to trial, the parties stipulated that Rollison had a prior conviction for Burglary, an offense of violence. (Doc. 25).

         {¶4} On January 5, 2017 the case proceeded to a jury trial. At trial, the State called five (5) witnesses: Demerrill Knaul, the 9-1-1 operator; Frankie Newsome, the victim; and officers Daniel Ice ("Officer Ice"), Robert Musser ("Officer Musser") and Detective Joshua Harris ("Detective Harris"), all with the Marion City Police Department. Rollison did not offer witnesses or present a defense at trial.

          {¶5} The jury found Rollison guilty of Having Weapons While Under Disability and the case was scheduled for sentencing. Ultimately, the trial court sentenced Rollison to a prison term of 24 months, journalized by its judgment entry of April 21, 2017. It is from this judgment that Rollison appeals asserting the following assignments of error for our review.

Assignment of Error No. I
APPELLANT'S TRIAL COUNSEL PROVIDED INEFFECTIVE ASSISTANCE OF COUNSEL.


Assignment of Error No. II
THE JURY'S DECISION TO CONVICT THE APPELLANT WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE.


         First Assignment of Error

         {¶6} In his first assignment of error, Rollison argues that he received ineffective assistance of counsel. Specifically, he argues that his attorney failed to challenge two (2) jurors for cause, failed to object to key ...


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