State v. Patterson

935 N.E.2d 439, 188 Ohio App. 3d 292
CourtOhio Court of Appeals
DecidedMay 7, 2010
DocketNo. 2009 CA 16
StatusPublished
Cited by13 cases

This text of 935 N.E.2d 439 (State v. Patterson) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Patterson, 935 N.E.2d 439, 188 Ohio App. 3d 292 (Ohio Ct. App. 2010).

Opinion

Donovan, Presiding Judge.

{¶ 1} Defendant-appellant, Mahogany Patterson, appeals her conviction and sentence for one count of felony murder, in violation of R.C. 2903.02(B), a felony of the first degree; one count of aggravated robbery, in violation of R.C. 2911.01(A)(3), a felony of the first degree; one count of involuntary manslaughter, in violation of R.C. 2903.04(A), a felony of the first degree; and one count of theft, in violation of R.C. 2913.02(A)(1), a felony of the fifth degree.

{¶ 2} Patterson filed a timely notice of the instant appeal with this court on February 10, 2009.

I

{¶ 3} We set forth the history of the case in State v. Patterson, Clark App. No. 05CA0128, 2007-Ohio-29, 2007 WL 29391 (hereinafter “Patterson I)”), and repeat it herein in part:

{¶ 4} “On the afternoon of June 7, 2005, Defendant Patterson and three other young women, Toneisha Gunnell, Alicia McAlmont and Renada Manns, traveled from Columbus to the Upper Valley Mall in Springfield. McAlmont drove the women to Springfield in her sister’s rental car. The four women shared a common criminal purpose, plan or scheme: to steal clothing from stores in the mall, and they all participated in that criminal enterprise. After stealing clothing from the Macy’s store, Patterson, Gunnell and McAlmont ran outside to their [295]*295waiting getaway vehicle that was parked along the curb in front of the northern set of doors of the Macy’s store, leading to the parking lot. The vehicle was parked facing south, facing oncoming traffic as it sat at the curb. Renada Manns was driving the vehicle. When the three women, who by now were being pursued by a Macy’s security guard, got inside the vehicle, Manns accelerated rapidly and sped off in order to avoid apprehension.
{¶ 5} “As the four women sped away in their vehicle, a pedestrian, John Deselem, was walking back into the mall from the parking lot, moving toward the southern set of doors into Macy’s after retrieving his girlfriend’s purse from their car. Deselem apparently saw the security guard running after the fleeing vehicle, and so Deselem stopped, turned, and faced the oncoming vehicle and waived his arms in an effort to stop the vehicle. The vehicle did not stop, however, and it struck Deselem, resulting in fatal injuries. Manns drove off out of the mall parking lot without slowing down or stopping. The vehicle was discovered by police a short time later, not far from the mall, with much of the stolen merchandise yet inside. The next day all four defendants turned themselves in to Columbus police.”

{¶ 6} In Patterson I, we reversed Patterson’s conviction and sentence, finding that the trial court erred when it denied her Batson challenge, Batson v. Kentucky (1986), 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69, to the state’s use of a peremptory challenge to exclude the only African-American juror seated on the prospective panel. Patterson was tried a second time; however, the trial ended in a mistrial after the discovery of juror misconduct that occurred after the jury began deliberations.

{¶ 7} Following a third jury trial, which began on January 20, 2009, and ended on January 30, 2009, Patterson was found guilty on all of the counts of the indictment.1 For sentencing purposes, the trial court merged the felony-murder and involuntary-manslaughter counts, as well as the counts for aggravated robbery and theft. On February 3, 2009, the trial court sentenced Patterson to 15 years to life in prison for the felony murder and three years on the aggravated robbery. The court also ordered that Patterson’s sentences be served consecutively for an aggregate sentence of 18 years to life in prison.

{¶ 8} It is from this judgment that Patterson now appeals.

[296]*296II

{¶ 9} Patterson’s first assignment of error is as follows:

{¶ 10} “The trial court erred by failing to grant a mistrial after the jury was erroneously permitted to review and consider prejudicial evidence that was not marked or admitted into evidence during trial. Fifth and Fourteenth Amendments to the United States Constitution; Section 16, Article I, Ohio Constitution.”

{¶ 11} In her first assignment, Patterson contends that the trial court erred when it overruled her motion for a mistrial made after the jury informed the trial court that it had received and collectively examined an exhibit that had not been discussed or properly admitted during the third trial. Upon investigation, it was determined that State’s Exhibit 227B, which had been marked and identified in Patterson’s second trial, had apparently inadvertently been included in a stack of the state’s exhibits that were admitted into evidence as a group prior to the beginning of jury deliberations. The following discussion covers what happened upon the court’s receipt of this information:

{¶ 12} “The Court: For the record, Counsel is present. The defendants are not present. The jury is not present. The situation came to the attention of the Court that the jurors found an exhibit amidst the voluminous exhibits that were admitted into evidence.
{¶ 13} “They found an exhibit that they believe they shouldn’t have, and that exhibit was previously marked State’s Exhibit 227B back in 2007 during the second trial.
{¶ 14} “Now, I’ve had the court reporter go back and review the Court’s statements as far as what exhibits would be admitted and originally the court had indicated that it would admit State’s Exhibit # 201 through # 254 with the exception of Exhibits #205 and #218. At a later time, I believe, when the defense rested or at some later time Mr. Collins brought to the Court’s attention and the defense counsel’s attention that there was another exhibit or two in that group that should not go back to the jury; and he indicated that those were Exhibits # 226, # 227, and # 227A, I believe, or it may have been # 226 and # 227A; but nevertheless, there was no mention of # 227B.
{¶ 15} “So the Court then renewed its ruling that State’s Exhibits # 201 through # 254 would be admitted with the exceptions # 205, # 218, # 226, and # 227A.
{¶ 16} “As I indicated, the exhibit that went back to the jury that wasn’t supposed to go back was the exhibit marked in the previous trial, #227B.
[297]*297{¶ 17} “So I’m making a finding here that it wasn’t that our court reporter forgot to remove # 227B from the collection of exhibits that were supposed to go back to the jury; it was an oversight ori the part of everybody involved, the Court and the attorneys, that # 227B was in the midst of those exhibits.
{¶ 18} “And because it was never clearly brought to my attention, I never specifically excluded that. So I believe it was an oversight on all of our parts, as opposed to an error in what exactly went back to the jury and what was supposed to go back and what wasn’t supposed to go back.”

{¶ 19} State’s Exhibit 227B is a Clark County Sheriffs Office form entitled “Official Statement” and consists of a written statement made by a former state’s witness, Jennifer Rockwell. The statement reads as follows:

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Cite This Page — Counsel Stack

Bluebook (online)
935 N.E.2d 439, 188 Ohio App. 3d 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-patterson-ohioctapp-2010.