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State v. Hudson

Court of Appeals of Ohio, Ninth District, Summit

May 16, 2018

STATE OF OHIO Appellee
v.
WESLEY R. HUDSON Appellant

          APPEAL 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.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO JUDGE.

         {¶1} Defendant-Appellant, Wesley Hudson, appeals from his convictions in the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} 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.

         {¶3} 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 away.

         {¶4} 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.

         {¶5} 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.

         {¶6} 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.

         II.

         ASSIGNMENT OF ERROR TWO

         THE TRIAL COURT COMMITTED REVERSIBLE AND PLAIN ERROR WHEN IT OVERRULED MR. HUDSON'S CRIM.R. 29(A) MOTION FOR JUDGMENT OF ACQUITTAL BECAUSE THE ...


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