[Cite as State v. Lawson, 2024-Ohio-2466.]
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
STATE OF OHIO, : APPEAL NO. C-230633 TRIAL NO. B-2204156-A Plaintiff-Appellee, :
vs. : O P I N I O N.
ALEX LAWSON, :
Defendant-Appellant. :
Criminal Appeal From: Hamilton County Court of Common Pleas
Judgment Appealed From Is: Affirmed
Date of Judgment Entry on Appeal: June 28, 2024
Melissa A. Powers, Hamilton County Prosecuting Attorney, and John D. Hill, Jr., Assistant Prosecuting Attorney, for Plaintiff-Appellee,
Raymond T. Faller, Hamilton County Public Defender, and Joshua A. Thompson, Assistant Public Defender, for Defendant-Appellant. OHIO FIRST DISTRICT COURT OF APPEALS
CROUSE, Judge.
{¶1} Defendant-appellant Alex Lawson (“Alex”) was convicted of complicity
to commit burglary following a jury trial. On appeal, Alex challenges his conviction,
arguing that the state failed to prove venue and that his conviction was not supported
by sufficient evidence and was against the manifest weight of the evidence. For the
following reasons, we affirm the judgment of the trial court.
I. Factual and Procedural History
{¶2} The testimony at trial established that around 11:00 a.m. on May 15,
2022, Nick O’Neill and his wife were preparing to visit family in Indiana. As they were
getting ready to leave their Saylor Park home, O’Neill saw Alex and his brother,
Brandon Lawson (“Brandon”), mowing a neighbor’s lawn. O’Neill spoke to Alex and
arranged for the brothers to mow his lawn while he and his wife were out of town for
the day.
{¶3} That same day, the O’Neills’ neighbor, Cincinnati police detective
Jeffrey Ruberg, was outside of the front of his house cleaning his truck. Ruberg noticed
Alex sitting in the driver’s seat of a tan sedan parked on the street nearby. Ruberg saw
that Alex was on his cell phone. He then saw Alex move the car to park next to the side
door of the O’Neill residence. Ruberg saw Brandon exit the O’Neill residence carrying
a gun case in one hand and a bag in the other. Brandon got into the passenger side of
Alex’s car. Alex then drove off.
{¶4} When the O’Neills returned home, they discovered that a Diamondback
AR-15 rifle and a Glock 19 handgun had been stolen from their home. O’Neill called
9-1-1 to report the theft. Ruberg and another neighbor provided information to help
identify the Lawson brothers. In August, Ruberg identified Alex and Brandon Lawson
2 OHIO FIRST DISTRICT COURT OF APPEALS
in a blind photo lineup. The stolen firearms were never found.
{¶5} In September 2022, Alex was indicted for burglary, in violation of R.C.
2911.12(A)(2). The matter was tried to a jury, and Alex was found guilty of complicity
to commit burglary. Alex was sentenced to five years of community control. In addition
to conditions of maintaining employment or performing community-service hours,
Alex was ordered to pay $1,800 in restitution to Nick O’Neill. This appeal timely
followed.
II. Analysis
Venue
{¶6} In his first assignment of error, Alex argues that the state failed to
establish venue in Hamilton County.
{¶7} “Under Article I, Section 10 [of the Ohio Constitution] and R.C. 2901.12,
evidence of proper venue must be presented in order to sustain a conviction for an
offense.” State v. Foreman, 166 Ohio St.3d 204, 2021-Ohio-3409, 184 N.E.3d 70, ¶ 13,
quoting State v. Hampton, 134 Ohio St.3d 447, 2012-Ohio-5688, 983 N.E.2d 324,
¶ 20; State v. Thurmond, 1st Dist. Hamilton No. C-220480, 2023-Ohio-2404, ¶ 7.
While venue is not an element of an offense, it must be proved beyond a reasonable
doubt. Foreman at ¶ 13; Thurmond at ¶ 7. To establish venue, the state must prove
“that the defendant committed the alleged offense or an element of the offense in the
charging county.” Foreman at ¶ 13. Venue can be established by direct or
circumstantial evidence. State v. Hinkston, 1st Dist. Hamilton Nos. C-140448 and
C-140449, 2015-Ohio-3851, ¶ 11. If venue is not established, the conviction must be
reversed. See Foreman at ¶ 31.
{¶8} In this case, O’Neill testified about the location of his residence. After
3 OHIO FIRST DISTRICT COURT OF APPEALS
O’Neill provided the street address of his home, the prosecuting attorney asked:
Q. Here in Hamilton County?
A. Yes, sir.
Q. Saylor Park; is that the name of the township?
{¶9} Although O’Neill did not affirmatively testify that this was the address
of the burglary, at no point was it suggested that he had another residence or that the
burglary had occurred at any other location. Further, Ruberg testified that he lived
across the street from O’Neill, in Saylor Park. He testified that he saw Brandon walk
out of the O’Neill house, which was within sight of his home. Although Ruberg did not
testify that he lives in Hamilton County, O’Neill established in his testimony that
Saylor Park is in Hamilton County.
{¶10} While venue of the offense was not proved “in express terms,” we hold
that “all the facts and circumstances in the case” did establish venue. See Foreman,
166 Ohio St.3d 204, 2021-Ohio-3409, 184 N.E.3d 70, at ¶ 13. Accordingly, we overrule
Alex’s first assignment of error.
Sufficiency and Weight of Evidence
{¶11} In his second assignment of error, Alex argues that the state failed to
produce legally sufficient evidence to prove each element of the alleged offense beyond
a reasonable doubt. In his third assignment of error, Alex argues that his conviction is
against the manifest weight of the evidence. We will consider these assignments of
error together.
{¶12} When reviewing for sufficiency of the evidence, an appellate court asks
whether, after viewing the evidence in the light most favorable to the prosecution, a
4 OHIO FIRST DISTRICT COURT OF APPEALS
rational trier of fact could have found the elements of the crime proven beyond a
reasonable doubt. State v. Jones, 166 Ohio St.3d 85, 2021-Ohio-3311, 182 N.E.3d 1161,
¶ 16. Essentially, the court “asks whether the evidence against a defendant, if believed,
supports the conviction.” (Emphasis sic.) Id.
{¶13} In reviewing whether the conviction runs counter to the manifest weight
of the evidence, we sit as a “thirteenth juror.” State v. Thompkins, 78 Ohio St.3d 380,
387, 678 N.E.2d 541 (1997). We will review “the entire record, weigh the evidence and
all reasonable inferences, consider the credibility of the witnesses and determine
whether, in resolving 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. Bailey, 1st Dist. Hamilton No. C-140129,
2015-Ohio-2997, ¶ 59, quoting Thompkins at 387, quoting State v. Martin, 20 Ohio
App.3d 172, 175, 485 N.E.2d 717 (1st Dist.1983). However, we will reverse the trial
court’s decision to convict and grant a new trial only in “the exceptional case in which
the evidence weighs heavily against the conviction.” Thompkins at 387, quoting
Martin at 175.
{¶14} Alex was charged with complicity to commit burglary, in violation of
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[Cite as State v. Lawson, 2024-Ohio-2466.]
IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO
STATE OF OHIO, : APPEAL NO. C-230633 TRIAL NO. B-2204156-A Plaintiff-Appellee, :
vs. : O P I N I O N.
ALEX LAWSON, :
Defendant-Appellant. :
Criminal Appeal From: Hamilton County Court of Common Pleas
Judgment Appealed From Is: Affirmed
Date of Judgment Entry on Appeal: June 28, 2024
Melissa A. Powers, Hamilton County Prosecuting Attorney, and John D. Hill, Jr., Assistant Prosecuting Attorney, for Plaintiff-Appellee,
Raymond T. Faller, Hamilton County Public Defender, and Joshua A. Thompson, Assistant Public Defender, for Defendant-Appellant. OHIO FIRST DISTRICT COURT OF APPEALS
CROUSE, Judge.
{¶1} Defendant-appellant Alex Lawson (“Alex”) was convicted of complicity
to commit burglary following a jury trial. On appeal, Alex challenges his conviction,
arguing that the state failed to prove venue and that his conviction was not supported
by sufficient evidence and was against the manifest weight of the evidence. For the
following reasons, we affirm the judgment of the trial court.
I. Factual and Procedural History
{¶2} The testimony at trial established that around 11:00 a.m. on May 15,
2022, Nick O’Neill and his wife were preparing to visit family in Indiana. As they were
getting ready to leave their Saylor Park home, O’Neill saw Alex and his brother,
Brandon Lawson (“Brandon”), mowing a neighbor’s lawn. O’Neill spoke to Alex and
arranged for the brothers to mow his lawn while he and his wife were out of town for
the day.
{¶3} That same day, the O’Neills’ neighbor, Cincinnati police detective
Jeffrey Ruberg, was outside of the front of his house cleaning his truck. Ruberg noticed
Alex sitting in the driver’s seat of a tan sedan parked on the street nearby. Ruberg saw
that Alex was on his cell phone. He then saw Alex move the car to park next to the side
door of the O’Neill residence. Ruberg saw Brandon exit the O’Neill residence carrying
a gun case in one hand and a bag in the other. Brandon got into the passenger side of
Alex’s car. Alex then drove off.
{¶4} When the O’Neills returned home, they discovered that a Diamondback
AR-15 rifle and a Glock 19 handgun had been stolen from their home. O’Neill called
9-1-1 to report the theft. Ruberg and another neighbor provided information to help
identify the Lawson brothers. In August, Ruberg identified Alex and Brandon Lawson
2 OHIO FIRST DISTRICT COURT OF APPEALS
in a blind photo lineup. The stolen firearms were never found.
{¶5} In September 2022, Alex was indicted for burglary, in violation of R.C.
2911.12(A)(2). The matter was tried to a jury, and Alex was found guilty of complicity
to commit burglary. Alex was sentenced to five years of community control. In addition
to conditions of maintaining employment or performing community-service hours,
Alex was ordered to pay $1,800 in restitution to Nick O’Neill. This appeal timely
followed.
II. Analysis
Venue
{¶6} In his first assignment of error, Alex argues that the state failed to
establish venue in Hamilton County.
{¶7} “Under Article I, Section 10 [of the Ohio Constitution] and R.C. 2901.12,
evidence of proper venue must be presented in order to sustain a conviction for an
offense.” State v. Foreman, 166 Ohio St.3d 204, 2021-Ohio-3409, 184 N.E.3d 70, ¶ 13,
quoting State v. Hampton, 134 Ohio St.3d 447, 2012-Ohio-5688, 983 N.E.2d 324,
¶ 20; State v. Thurmond, 1st Dist. Hamilton No. C-220480, 2023-Ohio-2404, ¶ 7.
While venue is not an element of an offense, it must be proved beyond a reasonable
doubt. Foreman at ¶ 13; Thurmond at ¶ 7. To establish venue, the state must prove
“that the defendant committed the alleged offense or an element of the offense in the
charging county.” Foreman at ¶ 13. Venue can be established by direct or
circumstantial evidence. State v. Hinkston, 1st Dist. Hamilton Nos. C-140448 and
C-140449, 2015-Ohio-3851, ¶ 11. If venue is not established, the conviction must be
reversed. See Foreman at ¶ 31.
{¶8} In this case, O’Neill testified about the location of his residence. After
3 OHIO FIRST DISTRICT COURT OF APPEALS
O’Neill provided the street address of his home, the prosecuting attorney asked:
Q. Here in Hamilton County?
A. Yes, sir.
Q. Saylor Park; is that the name of the township?
{¶9} Although O’Neill did not affirmatively testify that this was the address
of the burglary, at no point was it suggested that he had another residence or that the
burglary had occurred at any other location. Further, Ruberg testified that he lived
across the street from O’Neill, in Saylor Park. He testified that he saw Brandon walk
out of the O’Neill house, which was within sight of his home. Although Ruberg did not
testify that he lives in Hamilton County, O’Neill established in his testimony that
Saylor Park is in Hamilton County.
{¶10} While venue of the offense was not proved “in express terms,” we hold
that “all the facts and circumstances in the case” did establish venue. See Foreman,
166 Ohio St.3d 204, 2021-Ohio-3409, 184 N.E.3d 70, at ¶ 13. Accordingly, we overrule
Alex’s first assignment of error.
Sufficiency and Weight of Evidence
{¶11} In his second assignment of error, Alex argues that the state failed to
produce legally sufficient evidence to prove each element of the alleged offense beyond
a reasonable doubt. In his third assignment of error, Alex argues that his conviction is
against the manifest weight of the evidence. We will consider these assignments of
error together.
{¶12} When reviewing for sufficiency of the evidence, an appellate court asks
whether, after viewing the evidence in the light most favorable to the prosecution, a
4 OHIO FIRST DISTRICT COURT OF APPEALS
rational trier of fact could have found the elements of the crime proven beyond a
reasonable doubt. State v. Jones, 166 Ohio St.3d 85, 2021-Ohio-3311, 182 N.E.3d 1161,
¶ 16. Essentially, the court “asks whether the evidence against a defendant, if believed,
supports the conviction.” (Emphasis sic.) Id.
{¶13} In reviewing whether the conviction runs counter to the manifest weight
of the evidence, we sit as a “thirteenth juror.” State v. Thompkins, 78 Ohio St.3d 380,
387, 678 N.E.2d 541 (1997). We will review “the entire record, weigh the evidence and
all reasonable inferences, consider the credibility of the witnesses and determine
whether, in resolving 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. Bailey, 1st Dist. Hamilton No. C-140129,
2015-Ohio-2997, ¶ 59, quoting Thompkins at 387, quoting State v. Martin, 20 Ohio
App.3d 172, 175, 485 N.E.2d 717 (1st Dist.1983). However, we will reverse the trial
court’s decision to convict and grant a new trial only in “the exceptional case in which
the evidence weighs heavily against the conviction.” Thompkins at 387, quoting
Martin at 175.
{¶14} Alex was charged with complicity to commit burglary, in violation of
R.C. 2911.12(A)(2). The burglary statute provides, in relevant part, that:
No person, by force, stealth, or deception, shall * * * [t]respass in an
occupied structure or in a separately secured or separately occupied
portion of an occupied structure that is a permanent or temporary
habitation of any person when any person other than an accomplice of
the offender is present or likely to be present, with purpose to commit
in the habitation any criminal offense.
5 OHIO FIRST DISTRICT COURT OF APPEALS
R.C. 2911.12(A)(2).
{¶15} The complicity statute provides that:
No person, acting with the kind of culpability required for the
commission of an offense, shall do any of the following:
(1) Solicit or procure another to commit the offense;
(2) Aid or abet another in committing the offense;
(3) Conspire with another to commit the offense in violation of section
2923.01 of the Revised Code;
(4) Cause an innocent or irresponsible person to commit the offense.
R.C. 2923.03(A).
{¶16} Although the state did not specify under which subdivision of R.C.
2923.03 its complicity theory falls, the state’s argument clearly indicates that its theory
is of aiding or abetting, under R.C. 2929.03(A)(2).
{¶17} “To support a conviction for complicity by aiding and abetting pursuant
to R.C. 2923.03(A)(2), the evidence must show that the defendant supported, assisted,
encouraged, cooperated with, advised, or incited the principal in the commission of
the crime, and that the defendant shared the criminal intent of the principal. Such
intent may be inferred from the circumstances surrounding the crime.” (Emphasis
added.) State v. Johnson, 93 Ohio St.3d 240, 754 N.E.2d 796 (2001), syllabus. “Ohio
courts consistently hold that ‘the defendant’s mere association with the principal
offender is not enough to prove complicity.’ ” State v. Evans, 8th Dist. Cuyahoga No.
111964, 2023-Ohio-2688, ¶ 69, quoting State v. Robinson, 8th Dist. Cuyahoga No.
99290, 2013-Ohio-4375, ¶ 64. Rather, the defendant must actively participate in the
offense “by way of providing assistance or encouragement.” Id., quoting Robinson at
6 OHIO FIRST DISTRICT COURT OF APPEALS
¶ 64.
{¶18} In this case, O’Neill testified that he had negotiated with Alex to mow
his lawn as O’Neill and his wife prepared to leave town at around 11 a.m. Immediately
after O’Neill paid Alex for the mowing, O’Neill and his wife left home to go to a family
function in Indiana. O’Neill never interacted with Brandon. But it was Brandon who
carried out the burglary. The jury could reasonably have inferred that Brandon could
only have known that the O’Neills had left home because Alex had told him. O’Neill
also testified that he never gave Alex or Brandon permission to be inside the home,
which Alex—as the only brother to interact with O’Neill—must have known. Later, Alex
was on his cell phone and then drove his car to a spot near the side entrance of the
O’Neill home. Brandon immediately exited the house carrying what Ruberg described
as a gun case and a bag and got into the passenger side of Alex’s car. The close timing
of when Brandon exited the house to when Alex pulled up supports a reasonable
inference that Alex had been talking to Brandon on the phone and that Brandon told
him he was about to exit the house.
{¶19} Alex argues that driving the car from the scene of a theft is not sufficient
to support a conviction for complicity. See, e.g., State v. Langford, 8th Dist. Cuyahoga
No. 83301, 2004-Ohio-3733, ¶ 22-23 (mere presence and association with the
principal offender is insufficient to support a theft charge based on complicity); State
v. Ratkovich, 7th Dist. Jefferson No. 02-JE-16, 2003-Ohio-7286, ¶ 3, 26 (evidence
that a shoplifter told the driver of his theft as he entered the car was insufficient to
show complicity where there was no evidence that the driver had advance knowledge
of the shoplifter’s intent). However, in this case there is more evidence than just Alex’s
driving Brandon away from the burglary. Alex is the only brother who spoke with
7 OHIO FIRST DISTRICT COURT OF APPEALS
O’Neill before the O’Neills left town. Alex had direct knowledge that the house would
be empty. Alex was on his cell phone and then drove to a side entrance to pick up
Brandon, who was carrying a gun bag and another bag when he entered Alex’s car.
{¶20} Under these circumstances, a reasonable jury could infer that Alex had
encouraged, advised, or incited Brandon to commit the burglary by sharing the
information about the O’Neills’ departure, and further intended to assist Brandon by
picking him up and driving away after the burglary was complete. In the light most
favorable to the prosecution, the evidence was sufficient to support Alex’s complicity-
to-commit-burglary conviction. We also cannot hold that the jury “clearly lost its way
and created * * * a manifest miscarriage of justice” by finding Alex guilty of complicity
to commit burglary. See Bailey, 1st Dist. Hamilton No. C-140129, 2015-Ohio-2997, at
¶ 59.
{¶21} We therefore overrule Alex’s second and third assignments of error.
III. Conclusion
{¶22} For the foregoing reasons, we overrule all three assignments of error
and affirm the trial court’s judgment.
Judgment affirmed.
ZAYAS, P.J., and WINKLER, J., concur.
Please note:
The court has recorded its entry on the date of the release of this opinion.