Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-16-611347-B
ATTORNEY FOR APPELLANT Thomas A. Rein
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Brandon Piteo Assistant Prosecuting
BEFORE: S. Gallagher, J., E.T. Gallagher, P.J., and Jones, J.
JOURNAL ENTRY AND OPINION
C. GALLAGHER, JUDGE.
Rosario Robinson appeals his convictions for six counts of
felonious assault, with associated three-year firearm
specifications, and one count of having a weapon while under
disability. We affirm.
Robinson was charged with aggravated burglary and several
charges of felonious assault, each for a separate victim,
along with associated firearm specifications and having a
weapon while under disability. Although the indictment
originally identified one victim, the trial court permitted
the state to amend the indictment to reflect the names of six
victims in the case. The codefendant, Robert Littlejohn, was
charged under the multicount indictment under a complicity
theory. The case proceeded to a bench trial in which Robinson
was found guilty of the aggravated burglary, felonious
assaults, and all firearm specifications. The trial court
imposed a 13-year aggregate sentence on the six felonious
assaults and one count of having a weapon while under
disability. Robinson's aggravated burglary count
merged with the felonious assault counts for the purposes of
Littlejohn drove Robinson and another unidentified male,
known only as "Brick, " to a residence in Bedford,
Ohio. The victims' testimony reflected that three men
entered the residence together and went into a bedroom where
the victims were sitting. Littlejohn took money out of his
pocket to pay for marijuana, and then Robinson fired multiple
shots into the bedroom at the individual victims. Several of
the victims testified that the third person to enter the room
had dreadlocks. They identified the third person as Robinson
and indicated he had a gun and shot multiple bullets into the
room. There was some testimony to suggest that Brick also may
have had a gun.
One of the victims who had been shot had a gun and returned
fire. Littlejohn and Robinson were both wounded in the
exchange. Littlejohn, Robinson, and Brick then left the house
together, with Brick driving the two others to the hospital.
Littlejohn directed Brick to take the vehicle to his place of
At trial, Littlejohn testified that he was taking the other
two men to a house they directed him to because they wanted
to buy drugs, that they wanted to borrow $40 from him to buy
marijuana, and that he did not see a gun on anyone with him.
Littlejohn claimed that there was a fourth person who came to
the door behind Robinson and pointed a gun at Robinson's
face and shot Robinson. Littlejohn also stated multiple shots
were fired and that he was shot on his way out of the room.
Littlejohn maintained that he and Robinson were victims.
Robinson also testified that a fourth person came to the door
and pointed a gun at his face. He claimed that he grabbed the
man's arm and was shot in the face. Robinson denied
having a gun on his person and claimed that he was just there
to buy marijuana.
In the first assignment of error, Robinson challenges the
sufficiency of the evidence supporting his convictions.
According to Robinson, there is "a question whether
[Robinson] had a firearm" and there "is also not
the requisite evidence that [Robinson] knew anything ahead of
time about any robbery."
A claim of insufficient evidence raises the question whether
the evidence is legally sufficient to support the verdict as
a matter of law. State v. Thompkins, 78 Ohio St.3d
380, 386, 1997-Ohio-52, 678 N.E.2d 541. In reviewing a
sufficiency challenge, "[t]he relevant inquiry is
whether, after viewing the evidence in a light most favorable
to the prosecution, any rational trier of fact could have
found the essential elements of the crime proven beyond a
reasonable doubt." State v. Jenks, 61 Ohio
St.3d 259, 574 N.E.2d 492 (1991), paragraph two of the
Robinson was convicted of felonious assault under R.C.
2903.11(A)(1)-(2) for his part in firing a weapon at several
victims, one of whom was shot in the leg. R.C. 2903.11(A)
provides that "no person shall knowingly * * * cause
serious physical harm to another * * * or cause or attempt to