FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Friday, February 7, 2025

CAPTION: STATE V. TURNER

APPEAL NO.: C-240250 

TRIAL NO.: B-2203684B

KEY WORDS: NUNC PRO TUNC ENTRY — SUFFICIENCY AND WEIGHT OF THE EVIDENCE — MURDER — HAVING A WEAPON WHILE UNDER DISABILITY — COMPLICITY — COUNSEL — INEFFECTIVE ASSISTANCE — CONSECUTIVE SENTENCES — R.C. 2929.14

The trial court’s nunc pro tunc entry was invalid where it was used to make a substantive change to the judgment rather than reflect what actually occurred.

Defendant’s convictions for murder and having a weapon while under disability were supported by the sufficiency and the weight of the evidence where defendant’s identity as the perpetrator of the offenses was established by video evidence from surveillance cameras and an officer’s body-worn-camera footage and where defendant’s own statements placed him at the crime scene.

Trial counsel did not render ineffective assistance for failing to engage an expert to conduct an independent examination of the firearms and to enhance the video of the incident.

The record did not clearly and convincingly fail to support the trial court’s imposition of consecutive sentences under R.C. 2929.14(C)(4).

JUDGMENT: AFFIRMED

JUDGES: OPINION by CROUSE, J.; KINSLEY, P.J., and BOCK, J., CONCUR.