FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2017-04-1194-B
SHUBHRA N. AGARWAL, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO JUDGE.
Defendant-Appellant, Wesley Hudson, appeals from his
convictions in the Summit County Court of Common Pleas. This
While driving home from work late one evening, the victim in
this matter stopped at a gas station to purchase a few items.
Mr. Hudson and his friend, Ronald Henry, were outside when
the victim arrived and followed him into the lobby. The
victim intended to make a work-related cash deposit the
following morning, so he was carrying a money bag in his
pocket. He removed the bag to pay at the register while Mr.
Hudson and Mr. Henry watched. The two men then exited the
store as the victim was completing his purchase.
According to the victim, Mr. Hudson and Mr. Henry confronted
him outside, threatened him, and demanded his money bag.
According to Mr. Hudson, he and Mr. Henry confronted the
victim, but never demanded his money. Mr. Hudson claimed that
he and Mr. Henry were angry with the victim because they
heard him utter a racial slur when the three of them
initially walked into the gas station lobby. It is undisputed
that the encounter ended when the victim pulled out a knife,
backed away, and returned to the lobby. As the victim did so,
he saw Mr. Hudson and Mr. Henry climb into a car and drive
After the gas station clerks called 911 and reported an
attempted robbery, the police combed the area for a car
matching the description of the one the victim had seen. They
found a similar car at a nearby hotel and discovered Mr.
Hudson and Mr. Henry in one of the rooms. Following further
discussions and a search of the hotel room, the police
arrested the men.
A grand jury indicted Mr. Hudson, as well as Mr. Henry, on
one count of robbery. A joint trial was held, and, at its
conclusion, the jury found both men guilty. The court
sentenced Mr. Hudson to three years in prison.
Mr. Hudson now appeals from his conviction and raises two
assignments of error for our review. For ease of analysis, we
reorder his assignments of error.
OF ERROR TWO
TRIAL COURT COMMITTED REVERSIBLE AND PLAIN ERROR WHEN IT
OVERRULED MR. HUDSON'S CRIM.R. 29(A) MOTION FOR JUDGMENT
OF ACQUITTAL BECAUSE THE ...