State v. Coronado , 2022 Ohio 3870 ( 2022 )

[Cite as State v. Coronado, 2022-Ohio-3870.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
ALLEN COUNTY
STATE OF OHIO,
PLAINTIFF-APPELLEE, CASE NO. 1-22-07
v.
CHRYSTIAN A. JARA CORONADO, OPINION
DEFENDANT-APPELLANT.
Appeal from Allen County Common Pleas Court
Trial Court No. CR2020 0134
Judgment Affirmed
Date of Decision: October 31, 2022
APPEARANCES:
David Weilbacher for Appellant
Jana E. Emerick for Appellee
Case No. 1-22-07
SHAW, J.
{¶1} Defendant-Appellant, Chrystian A. Jara Coronado (“Coronado”),
appeals from the judgment and sentence entered in the Allen County Court of
Common Pleas after a jury found him guilty of one count of aggravated burglary,
with a firearm specification.
{¶2} Coronado was indicted under an amended indictment for aggravated
burglary (physical harm), a first-degree felony, in violation of R.C. 2911.11(A)(1)
and (B). The single count in the indictment also contained a firearm specification
pursuant to R.C. 2941.145(A).
{¶3} A jury trial began on November 29, 2021. Before opening arguments,
the State filed a motion for the trial court to call the victim, Frederick Collins, as a
court’s witness. The trial court then heard the motion, and after hearing arguments
from both parties, Collins was called as the court’s witness, which permitted the
parties to cross-examine him. Testimony and evidence was then presented to the
jury by the State. The jury found Coronado guilty of aggravated burglary and the
accompanying firearm specification.
{¶4} At the sentencing hearing, the trial court sentenced Coronado to a
minimum prison term of five years and a maximum prison term of seven and one-
half years for the aggravated burglary conviction and a consecutive and prior to
mandatory three-year prison term for the firearm specification.
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{¶5} Coronado subsequently filed this appeal raising two assignments of
error, which we address jointly.
ASSIGNMENT OF ERROR NO. 1
There was insufficient evidence to convict appellant of a gun
specification pursuant to R.C. 2941.145.
ASSIGNMENT OF ERROR NO. 2
The jury’s finding of guilty as to the gun specification pursuant to
R.C. 2941.145 was against the manifest weight of the evidence.
Sufficiency and Manifest Weight of the Evidence
{¶6} Coronado argues that the evidence was insufficient to support his
conviction on the firearm specification pursuant to R.C. 2941.145(A) and that the
jury’s guilty verdict on the firearm specification was against the manifest weight of
the evidence.
{¶7} To establish a firearm specification under R.C. 2941.145(A), the State
must prove that Coronado had a firearm on or about his person or under his control
while committing the offense and “displayed the firearm, brandished the firearm *
* *, or used it to facilitate the offense.” R.C. 2941.145(A); see State v. Wilson, 3d
Dist. Allen No. 1-20-46, 2022-Ohio-504, ¶ 111.
{¶8} In reviewing a record for sufficiency of the evidence, an appellate court
must determine “ ‘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
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the crime proven beyond a reasonable doubt.’ ˮ State v. Leonard, 104 Ohio St.3d
54, 2004-Ohio-6235, ¶ 77, quoting State v. Jenks, 61 Ohio St.3d 259 (1991),
paragraph two of the syllabus.
{¶9} “ ‘Unlike our review of the sufficiency of the evidence, an appellate
court’s function when reviewing the weight of the evidence is to determine whether
the greater amount of credible evidence supports the verdict.’ ” State v. Barga, 3d
Dist. Shelby No. 17-17-14, 2018-Ohio-2804, ¶ 19, quoting State v. Plott, 3d Dist.
Seneca Nos. 13-15-39 and 13-15-40, 2017-Ohio-38, ¶ 73. In a manifest weight
analysis, the appellate court sits as a “thirteenth jurorˮ and examines the conflicting
testimony. State v. Henson, 3d Dist. Marion No. 9-19-75, 2020-Ohio-4019, ¶ 36,
citing State v. Thompkins, 78 Ohio St.3d 380, 387, 1997-Ohio-52. In doing so, this
Court must review the entire record, weigh the evidence and all reasonable
inferences, consider witness credibility, 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.’ ˮ Id.{¶10} However, a reviewing court must allow the trier of fact appropriate
discretion on matters relating to the credibility of the witnesses. Id., citing State v.
DeHass, 10 Ohio St.2d 230, 231 (1967). Further, only in the exceptional case in
which the evidence weighs heavily against the conviction should an appellate court
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overturn a conviction as being against the manifest weight of the evidence. Id.,citing State v. Haller, 3d Dist. Allen No. 1-11-34, 2012-Ohio-5233, ¶ 9.
{¶11} In making his arguments in this appeal, Coronado relies solely on the
trial testimony of the victim, Frederick Collins. The record reflects that Collins was
reluctant to answer any questions about the May 21, 2020 incident, and the State
had Collins on cross-examination as the trial court’s witness. On cross-examination,
Collins acknowledged that Coronado had entered his residence and that he had been
struck by Coronado.
{¶12} The record also reflects that although Collins testified at trial that he
did not recall Coronado having a gun with him, the State presented a recording of a
911 call made to the Lima Police Department dispatch center at approximately 4:40
a.m. on the morning of the incident and the testimony of the responding officer to
Collins’ statements after the incident. In that 911 call, which was played for the
jury and admitted into evidence, Collins reported that his face was bleeding as a
result of having just been hit in the face with a gun by Coronado. (State’s Exhibit
29). The testimony of the responding officer, Patrolman Justin Wireman, was that
he arrived at Collins’ residence within one to two minutes of being dispatched
following the 911 call. Patrolman Wireman testified that Collins told the patrolman
he was pushed into the residence by Coronado and was punched by him with a gun.
The patrolman said that Collins described the gun as “a black semi-automatic.” (Tr.
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at 72). He further testified that Collins appeared to be shaken by the incident. He
also observed that Collins’ left cheek bone, close to his eye, was swollen, cut, and
bleeding from that area. He observed facial injuries on Collins that appeared
consistent with having been struck with the front end or side of a firearm, as opposed
to being struck with a fist.
{¶13} In addition, the State introduced testimony concerning an interview
conducted at the police station with Collins in the early morning hours after the
incident. Lima Police Detective Matt Woodworth testified that Collins appeared
shaken up and in shock of what had taken place. He also observed Collins had a
laceration to his cheek area on the left side of his face and the outline of this injury
was round in shape, which would be consistent with having been struck with the
barrel of a gun. (Tr. at 128 – 129, 131). The jury was shown photographs
illustrating the facial injuries he noted. (State’s Exhibits 1, 2 and 3).
{¶14} The State also played for the jury Lima Police Detective Sean
Neidemire’s audio/video-recorded interview of Coronado following his arrest on
May 21st (State’s Exhibit 27) and recorded jail phone calls initiated by Coronado
(State’s Exhibit 28). During the interview, Coronado ultimately admitted that he
entered the residence of Collins and had punched or hit Collins. Coronado stated
that he had been intoxicated and although he denied having a gun with him, he did
admit to having a gun in his pickup truck at the time and also to putting the gun in
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the safe in his own home after the incident. An operable Ruger semi-automatic
handgun was recovered by police from the safe in that home. (State’s Exhibit 25).
Finally, the jail phone calls reflected that Coronado may have attempted, paid or put
pressure on the victim to not cooperate in the prosecution of the case, which would
explain the conflicting testimony given at trial by Collins.
{¶15} Based on our review of the record, and after reviewing the evidence
presented at trial, in a light most favorable to the prosecution, we find that sufficient
evidence was presented to prove that Coronado had a firearm and that he brandished,
displayed, or used that firearm during the commission of the offense. Therefore,
there was sufficient evidence to support Coronado’s conviction for the firearm
specification and the conviction was not against the manifest weight of the evidence.
{¶16} Accordingly, Coronado’s two assignments of error are overruled. The
judgment of the trial court is affirmed.
Judgment Affirmed
ZIMMERMAN, P.J. and MILLER, J., concur.
/jlr
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