State v. Franklin

2025 Ohio 4510

• Court: Ohio Court of Appeals
• Decided: September 29, 2025
• Docket: CA2025-03-017
• Status: Published

Opinion

[Cite as State v. Franklin, 2025-Ohio-4510.]

IN THE COURT OF APPEALS

TWELFTH APPELLATE DISTRICT OF OHIO

WARREN COUNTY

STATE OF OHIO, :

Appellee, : CASE NO. CA2025-03-017

: OPINION AND - vs - JUDGMENT ENTRY : 9/29/2025

ANTHONY JAMES FRANKLIN, :

Appellant. :

CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 24CR42157

David P. Fornshell, Warren County Prosecuting Attorney, and Kirsten A. Brandt, Assistant Prosecuting Attorney, for appellee.

Christopher Bazeley, for appellant.

OPINION

PIPER, J.

{¶ 1} Appellant, Anthony James Franklin, appeals his conviction in the Warren

County Court of Common Pleas after a jury found him guilty of failing to comply with the

order or signal of a police officer and driving under suspension, crimes for which he was Warren CA2025-03-017

sentenced to serve a total of 30 months in prison. For the reasons outlined below, we

affirm Franklin's conviction.

Facts and Procedural History

{¶ 2} On November 25, 2024, the Warren County Grand Jury returned a two-

count indictment against Franklin. The indictment charged Franklin with failing to comply

with the order or signal of a police officer in violation of R.C. 2921.331(B), a third-degree

felony in accordance with R.C. 2921.331(C)(5)(a)(ii), and driving under suspension in

violation of R.C. 4510.11(A), a first-degree misdemeanor pursuant to R.C. 4510.11(D)(1).

The charges arose after Franklin failed to comply with the order or signal of a police officer

to bring his truck to a stop while driving in the municipality of Franklin, Warren County,

Ohio. Franklin was also operating his truck with a suspended driver's license. Franklin

took the police on a high-speed chase that created a substantial risk of serious physical

harm to persons or property.

{¶ 3} On January 13, 2025, the matter proceeded to a one-day jury trial. During

the trial, the jury heard testimony from two witnesses, Officer Alexander Berlin and

Shantel Pickett.

{¶ 4} Officer Berlin is a patrol officer with the City of Franklin Police Department.

Officer Berlin testified that during the early morning hours of September 26, 2023, he ran

a search on LEADs of the temporary tag displayed on the back window of a truck parked

at the Speedway gas station located in downtown Franklin.1 That search returned a

photograph of Franklin from the Ohio Bureau of Motor Vehicles' database identifying

Franklin as the truck's owner. That search also returned information indicating Franklin

resided in the Dayton, Ohio area and that Franklin's driver's license was at that time

1. "LEADS is Ohio's law enforcement computer network with links to various records, including motor vehicle records at the Bureau of Motor Vehicles." State v. McClain, 2006-Ohio-6708, ¶ 2, fn. 1 (12th Dist.). -2- Warren CA2025-03-017

suspended. There was no information indicating Franklin's truck had been reported as

missing or stolen.

{¶ 5} Officer Berlin testified that upon receiving this information he pulled around

the parking lot to initiate a traffic stop on the truck. Officer Berlin testified that the truck

was at that time pulling out of the parking lot and onto the street at a high rate of speed.

Officer Berlin testified that upon seeing the truck speeding away that he turned on the

cruiser's overhead lights and sirens. Officer Berlin testified that the truck, rather than

stopping, "continued at a high rate of speed running multiple lights" before proceeding

onto northbound I-75 towards Dayton. Officer Berlin testified that he attempted to pursue

the truck north on I-75 as it was "weaving in and out of traffic" at speeds "anywhere from

95 to 110" mph but was told to discontinue the pursuit after the truck turned south onto

State Route 4 heading back towards Dayton.

{¶ 6} Officer Berlin testified that immediately after terminating the pursuit of the

truck that he returned to the Speedway gas station located in downtown Franklin. Once

there, Officer Berlin testified that he was able to obtain two photographs of the person

who entered the truck immediately prior to it pulling out of the parking lot and onto the

street. Officer Berlin testified that he then compared those two photographs with the

photograph of Franklin that he received from the Ohio BMV database. Officer Berlin

testified this comparison led him to believe that all three photographs were pictures of

Franklin. Officer Berlin further testified he then sent one of those photographs to an

individual familiar with Franklin. That individual was later identified as Shantel Pickett, the

other witness who testified at trial. Officer Berlin testified that Pickett positively identified

the person in the photographs as Franklin. Pickett’s trial testimony verified Officer Berlin’s

testimony.

{¶ 7} Following deliberations, the jury returned a verdict finding Franklin guilty of

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both failing to comply with the order or signal of a police officer and driving under

suspension. The following month, on February 25, 2025, the trial court held a sentencing

hearing where it sentenced Franklin to serve 30 months in prison, less 117 days of jail-

time credit. The trial court also ordered Franklin's driver's license to be suspended for a

period of three years. The trial court further notified Franklin that he would be subject to

a mandatory period of postrelease control of up to three years, but not less than one year,

upon his release from prison.

{¶ 8} On March 5, 2025, Franklin filed a notice of appeal. Franklin's appeal was

submitted to this court for consideration on August 20, 2025. Franklin's appeal is now

properly before this court for decision. Franklin has raised two assignments of error for

review.

Franklin's First Assignment of Error

{¶ 9} FRANKLIN'S CONVICTION FOR FAILURE TO COMPLY IS NOT

SUPPORTED BY LEGALLY SUFFICIENT EVIDENCE OR THE WEIGHT OF THE

EVIDENCE.

{¶ 10} In his first assignment of error, Franklin argues his conviction for failing to

comply with the order or signal of a police officer was not supported by sufficient evidence

and was against the manifest weight of the evidence. We disagree.

{¶ 11} A claim challenging the sufficiency of the evidence "requires a

determination as to whether the state has met its burden of production at trial." State v.

Boles, 2013-Ohio-5202, ¶ 34 (12th Dist.). When making this determination, "[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. Roper, 2022-Ohio-244, ¶ 39 (12th Dist.), quoting

State v. Jenks, 61 Ohio St.3d 259 (1991), paragraph two of the syllabus. When conducting

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this review, "appellate courts do not assess whether the prosecution's evidence is to be

believed but whether, if believed, the evidence supports the conviction." State v. Carter,

2018-Ohio-29, ¶ 7 (8th Dist.), citing State v. Yarbrough, 2002-Ohio-2126, ¶ 79-80.

Therefore, when determining whether a defendant's conviction was supported by

sufficient evidence, "[t]his court merely determines whether there exists any evidence in

the record that the trier of fact could have believed, construing all evidence in favor of the

state, to prove the elements of the crime beyond a reasonable doubt." State v. Brummett,

2024-Ohio-2332, ¶ 9 (12th Dist.).

{¶ 12} "A verdict can be against the manifest weight of the evidence even though

legally sufficient evidence supports it." State v. Knuff, 2024-Ohio-902, ¶ 207. This is

because, unlike the sufficiency-of-the-evidence standard of review, which addresses the

state's burden of production, "'a manifest-weight-of-the-evidence standard of review

applies to the state's burden of persuasion.'" State v. Casey, 2024-Ohio-689, ¶ 10 (12th

Dist.), quoting State v. Messenger, 2022-Ohio-4562, ¶ 26. "To determine whether a

conviction is against the manifest weight of the evidence, this court must look at the entire

record, weigh the evidence and all reasonable inferences, consider the credibility of the

witnesses, and determine whether in resolving the conflicts in the evidence, the trier of

fact clearly lost its way and created such a manifest miscarriage of justice that the

conviction must be reversed and a new trial ordered." State v. Lewis, 2020-Ohio-3762, ¶

18 (12th Dist.), citing State v. Wilks, 2018-Ohio-1562, ¶ 168. This court will overturn a

conviction on manifest-weight grounds "only in extraordinary circumstances when the

evidence presented at trial weighs heavily in favor of acquittal." State v. Kaufhold, 2020-

Ohio-3835, ¶ 10 (12th Dist.).

{¶ 13} Franklin was convicted of failing to comply with the order or signal of a police

officer in violation of R.C. 2921.331(B). That statute prohibits any person from operating

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a motor vehicle "so as willfully to elude or flee a police officer after receiving a visible or

audible signal from a police officer to bring the person's motor vehicle to a stop." A

violation of R.C. 2921.331(B) is generally charged as a fourth-degree felony. R.C.

2921.331(C)(3). However, the offense rises to a third-degree felony if the jury finds,

beyond a reasonable doubt, that the operation of the motor vehicle by the offender caused

a substantial risk of serious physical harm to persons or property. 2921.331(C)(5)(a)(ii).

A "substantial risk" means "a strong possibility, as contrasted with a remote or significant

possibility, that a certain result may occur or that certain circumstances may exist." R.C.

2901.01(A)(8).

{¶ 14} Franklin argues his conviction for failing to comply with the order or signal

of a police officer should be reversed on sufficiency and manifest weight grounds because

the state failed to provide any "direct evidence" that he was the individual who was

operating the truck that took Officer Berlin on a high-speed chase during the early morning

hours of September 26, 2023. Franklin argues the evidence presented by the State

merely proves that he was the owner of the truck, not the truck's operator, when

considering there was no eye-witness testimony positively identifying him as the truck's

operator that morning.2 However, like any fact, the State is not limited to proving the

identity of the perpetrator by direct evidence. State v. Ostermeyer, 2021-Ohio-3781, ¶ 41

(12th Dist.). "The state can also prove the identity of the perpetrator by circumstantial

evidence." State v. Edwards, 2023-Ohio-2632, ¶ 62 (12th Dist.), citing State v.

Teitelbaum, 216-Ohio-3524, ¶ 120 (10th Dist.).

{¶ 15} The evidence presented by the State in this case, albeit circumstantial, was

2. Strangely, Franklin does not challenge his conviction for driving under suspension as not being supported by sufficient evidence or against the manifest weight of the evidence. Therefore, by not appealing his driving under suspension conviction, Franklin is impliedly conceding that he was, in fact, operating the truck that led Officer Berlin on a high-speed chase. -6- Warren CA2025-03-017

more than enough for the jury to find, beyond a reasonable doubt, that Franklin was the

individual who was operating his truck during the early morning hours of September 26,

2023. This included Officer Berlin himself testifying that his investigation into the matter

ultimately led him to conclude that it was Franklin who had been operating the truck that

morning. Contrary to Franklin's claim, Officer Berlin's investigation included more than

just a search on LEADs of the temporary tag displayed on his truck's back window. It also

included Officer Berlin sending a photograph to Shantel Pickett, a person familiar with

Franklin, who positively identified the individual in the photographs as Franklin. This was

the same man who Officer Berlin testified he saw getting into the truck just before the

truck pulled out of the Speedway gas station parking lot and onto the street at a high rate

of speed.

{¶ 16} The jury, considering this evidence and applying its logic and common

sense, determined that Franklin was not merely the owner of the truck but also the

operator of the truck who took Officer Berlin on a high-speed chase during the early

morning hours of September 26, 2023. This was not an error. This is because, contrary

to Franklin's assertion overwise, "[t]here is no requirement that an accused must be

identified as the perpetrator by a witness testifying in court or during a photo lineup." State

v. Hibbard, 2023-Ohio-983, ¶ 20 (12th Dist.). Either direct or circumstantial evidence can

be used to sufficiently prove the elements of a crime beyond a reasonable doubt. See

State v. Dunn, 2024-Ohio-5742, ¶ 32 (noting that "[c]ircumstantial evidence is not less

probative than direct evidence, and, in some instances, is even more reliable"); see also

State v. Cooper, 2002-Ohio-617, ¶ 13 (12th Dist.). Therefore, because Franklin's

conviction for failing to comply with the order or signal of a police officer was supported

by sufficient evidence and was not against the manifest weight of the evidence, Franklin's

first assignment of error lacks merit and is overruled.

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Franklin's Second Assignment of Error

{¶ 17} THE TRIAL COURT ERRED WHEN IT FAILED TO MERGE FRANKLIN'S

CONVICTIONS FOR FAILURE TO COMPLY AND DRIVING ON A SUSPENDED

LICENSE.

{¶ 18} In his second assignment of error, Franklin argues the trial court committed

plain error by failing to merge the two offenses for which he was convicted. Franklin claims

that those two offenses, failing to comply with the order or signal of a police officer and

driving under suspension, are allied offenses of similar import. To support this claim,

Franklin argues that both offenses arose from the same conduct, his "driving away from

the parking lot." However, while it may be true that the imposition of multiple sentences

for allied offenses of similar import may constitute plain error, State v. Salinas, 2025-Ohio-

1777, ¶ 12 (12th Dist.), the record does not factually support Franklin's argument.

{¶ 19} The record instead plainly establishes that Franklin deliberately failed to

adhere to Officer Berlin's order to bring his truck to a stop shortly after pulling out of the

Speedway gas station parking lot and onto the street at a high rate of speed. Franklin

then proceeded to take Officer Berlin on a high-speed chase at speeds of anywhere

between 95 to 110 mph. This was wholly separate and distinct conduct from Franklin's

driving under suspension, the commission of which occurred the moment Franklin began

operating his truck with a suspended driver's license. "It is well established that offenses

committed by separate conduct are not allied offenses subject to merger." State v. Babb,

2024-Ohio-2018, ¶ 16 (12th Dist.). Therefore, for this reason alone, the trial court did not

err, plain or otherwise, by failing to merge the two offenses for which Franklin was

convicted.

{¶ 20} The offenses also do not merge because they created separate, identifiable

harms, thereby constituting offenses of dissimilar import. State v. Clowers, 2019-Ohio-

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4629, ¶ 30 (12th Dist.) (noting that offenses are of dissimilar import where "the offenses

created, separate identifiable harms"). Failing to comply with the order or signal of a police

officer is an offense created solely by the offender's conduct, which in this case resulted

in Franklin risking harm to Officer Berlin, other motorists, and pedestrians in the areas

where the high-speed chase had occurred. State v. Colquitt, 2025-Ohio-2727, ¶ 37 (12th

Dist.). Driving under suspension, on the other hand, is a status offense that occurs when

the offender loses their driving privileges and subsequently decides to operate a motor

vehicle anyway. The very act of Franklin operating his truck caused harm to the citizens

in the areas where that operation occurred, regardless of the way in which Franklin was

operating his truck or whether Franklin was complying with Officer Berlin's orders when

operating his truck. State v. Davis, 2022-Ohio-3758, ¶ 22 (2d Dist.) (stating that mere

"operation of a vehicle by a person whose privilege to do so has been temporarily taken

away" causes harm to citizens).

{¶ 21} Franklin's operation of his truck with a suspended driver's license also

"undermin[ed] the judicial system and the trust the public places in court orders," thus

causing additional harm to "the integrity of the judicial system." See State v. Hymer, 2025-

Ohio-1691, ¶ 29 (12th Dist.) (holding that one of the harms resulting from the violation of

a protection order is to the integrity of the judicial system). While both offenses involved

Franklin's deliberate defiance of authority, one involved a law enforcement officer in the

field, Officer Berlin, whereas the other involved a judge’s order pronounced in open court.

Therefore, the offenses for which Franklin was convicted, failing to comply with the order

or signal of a police officer and driving under suspension, also do not merge because they

created separate, identifiable harms, thereby constituting offenses of dissimilar import.

Consequently, for either of the two reasons set forth above, the trial court did not err, plain

or otherwise, by failing to merge the two offenses for which Franklin was convicted.

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Accordingly, finding no merit to any of the arguments raised by Franklin herein, Franklin's

second assignment of error also lacks merit and is overruled.

Conclusion

{¶ 22} For the reasons outlined below, and having found no merit to either of

Franklin's two assignments of error, Franklin's appeal from his conviction for failing to

comply with the order or signal of a police officer and driving under suspension, crimes

for which he was sentenced to serve a total of 30 months in prison, is denied.

{¶ 23} Judgment affirmed.

HENDRICKSON, P.J., and BYRNE, J., concur.

JUDGMENT ENTRY

The assignments of error properly before this court having been ruled upon, it is the order of this court that the judgment or final order appealed from be, and the same hereby is, affirmed.

It is further ordered that a mandate be sent to the Warren County Court of Common Pleas for execution upon this judgment and that a certified copy of this Opinion and Judgment Entry shall constitute the mandate pursuant to App.R. 27.

Costs to be taxed in compliance with App.R. 24.

/s/ Robert A. Hendrickson, Presiding Judge

/s/ Robin N. Piper, Judge

/s/ Matthew R. Byrne, Judge

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