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State v. McCormick

Court of Appeals of Ohio, Ninth District, Summit

June 5, 2019

STATE OF OHIO Appellee
v.
DARSHAWN MCCORMICK Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2017-01-0309

          DONALD R. HICKS, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR, JUDGE.

         {¶1} Defendant-Appellant, Darshawn McCormick, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} The victim in this matter was gunned down in broad daylight just outside the apartment that he shared with his girlfriend. Three men were seen running from the scene, one of whom was later identified as McCormick. The police were unable to apprehend McCormick that day because, as an officer stopped the vehicle in which McCormick was riding, he jumped from it and fled on foot. Nevertheless, the police were able to apprehend one of the other men who had been with McCormick, and he led them to evidence that helped identify McCormick as the shooter. That evidence included the sweatshirt McCormick had been wearing that day, which tested positive for gunshot residue. Additionally, the police discovered at McCormick's residence a partially loaded magazine containing the same model and caliber bullets used to kill the victim. After interviewing McCormick and collecting additional statements, the police arrested him.

         {¶3} A grand jury indicted McCormick on charges of murder, felony murder, felonious assault, and having a weapon under disability. His indictment also included three firearm specifications linked to his counts for murder, felony murder, and felonious assault. Following a jury trial, the jury found McCormick guilty of each of his counts and specifications. The court then merged his felony murder and felonious assault counts and specifications with his murder count and specification. It ordered him to serve consecutive sentences on his remaining specification and counts for a total of 20.5 years to life in prison.

         {¶4} McCormick now appeals from his convictions and raises two assignments of error for our review.

         II.

         ASSIGNMENT OF ERROR I

         THE EVIDENCE IN THIS CASE WAS INSUFFICIENT AS A MATTER OF LAW TO SUPPORT THE CONVICTIONS[.]

         {¶5} In his first assignment of error, McCormick argues that his convictions are based on insufficient evidence because the State failed to prove identity. He asserts that the evidence, if believed, only showed that he was in the vicinity of the victim's murder, not that he perpetrated it. Upon review, we do not agree that his convictions are based on insufficient evidence.

         {¶6} Whether the evidence in a case is legally sufficient to sustain a conviction is a question of law that this Court reviews de novo. See ...


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