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Operating While Intoxicated With Priors. Address On Record: N. Clermont No. As to Cassidy's argument pertaining to the lack of physical evidence linking him to the firearm, we note that a defendant's conviction for a firearm-related offense is not against the manifest weight of the evidence simply because of the absence of physical evidence linking the defendant to the firearm. Wiley , 2d Dist. Montgomery No. Because the presence of a firearm is the only element Cassidy challenges, that is the only element we will address.
The jury did not lose its way in finding that Cassidy possessed a firearm. A conviction is not against the manifest weight of the evidence when inconsistencies exist in the testimony of different witnesses. The jury is free to credit Plaugher's testimony. The jury heard ample evidence from which it could conclude that Cassidy possessed a firearm. Plaugher informed Patrolman Weidman that Cassidy possessed a firearm. Plaugher testified multiple times at trial that Cassidy possessed a firearm and pointed it at him during the robbery.
Nor are Cassidy's convictions against the manifest weight of the evidence because the absence of physical evidence such as fingerprints or DNA linking Cassidy to the firearm. We therefore conclude that Cassidy's convictions are not against the manifest weight of the evidence, and we overrule his first assignment of error. Zehner , 3d Dist. Childs , 14 Ohio St. Glaros , Ohio St.
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Where a defendant had an opportunity to bring any failure to properly swear in jurors to the trial court's attention but did not do so, he cannot later object to the irregularity and seek reversal absent a showing of prejudice. Vanblarcome , 10th Dist. Franklin No. No prejudice results from the failure to comply with R.
Glaros at paragraph three of the syllabus. Cassidy does not argue that he was prejudiced because of the trial court's non-compliance with the statute. Indeed, Cassidy could not claim that he was prejudiced by the trial court's mistake because it was not shown that any juror gave a false answer during voir dire examination. Glaros at paragraph three of the syllabus concluding that there is no prejudice resulting from the failure to swear in potential jurors where it does not appear any juror gave a false answer during voir dire examination. Further, the attorney for each party had the opportunity to question the prospective jurors after they were sworn by the trial court.
We therefore conclude that Cassidy has waived this issue on appeal. Specifically, Cassidy argues that he was denied a fair trial because a juror allegedly slept through a portion of the proceedings. McKnight , Ohio St. Further, the trial court has "'considerable discretion in deciding how to handle a sleeping juror.
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Sanders , 92 Ohio St. We will not disturb a trial court's handling of a sleeping juror absent an abuse of that discretion. To request a certified copy of a marriage certificate or divorce decree, contact the clerk's office in the county where the marriage occurred. Information about dates of marriage and divorce may be searched online, but marriage licenses or certificates are not available for these records:.
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