State v. Wright, 28831

2021-Ohio-2133

STATE OF OHIO Plaintiff-Appellee v. VINCENT WRIGHT Defendant-Appellant

No. 28831

Court of Appeals of Ohio, Second District, Montgomery

June 25, 2021

Criminal Appeal from Common Pleas Court No. 2019-CR-2281

MATHIAS H. HECK, JR. by ANDREW T. FRENCH, Atty. Reg. No 0069384, Assistant Prosecuting Attorney, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, Attorney for Plaintiff-Appellee

DAVID E. STENSON, Atty. Reg. No. 0042671, Attorney for Defendant-Appellant

OPINION

EPLEY J.

{¶ 1} Defendant-Appellant Vincient Wright (spelled Vincent in the trial court, which this court retains in the caption, pursuant to App.R. 3(D)) was convicted after a jury trial in the Montgomery County Court of Common Pleas of four counts of aggravated robbery with firearm specifications. Wright was acquitted of a fifth aggravated robbery charge. Wright appeals from his convictions, claiming that (1) his trial counsel rendered ineffective assistance, (2) his convictions were against the manifest weight of the evidence, (3) the prosecutor engaged in misconduct during the questioning of a witness, and (4) cumulative error deprived him of a fair trial. For the following reasons, the trial court's judgment will be affirmed.

I. Facts and Procedural History

{¶ 2} Wright was charged with five counts of aggravated robbery with firearm specifications arising from the armed robberies of Family Dollar and Dollar General stores in Dayton between April 20, 2019 and July 10, 2019. The State's evidence at trial established the following facts.

April 20 Robbery - Family Dollar at 1125 Wayne Avenue

{¶ 3} At approximately 5:20 p.m. on April 20, 2019, Kurt Hegemier and his son, Kiel, drove to the Family Dollar store at 1125 Wayne Avenue so that Kiel could purchase diapers for his young child. Kiel went into the store while his father waited in a van. Within a few minutes, a man walked past Kurt's van, pulled up his hoodie, reportedly put on a mask, and walked into the store. Kiel, who was waiting to check out at the counter, saw the man walk in, pull out a handgun, rack the gun, and tighten the hoodie around his face. The robber held the gun in his left hand and cinched the hoodie with his right hand. Kiel thought the gun might have been fake, but he was not sure. The man told Kiel to get back, went around the counter, and told the cashier to hurry up and put money in a bag. After the cashier handed him a plastic bag with cash from the register, the man left the store and ran into the surrounding neighborhood.

{¶ 4} At 5:24 p.m., Dayton Police Officer Seth Victor and his partner were dispatched to the Wayne Avenue store. Officer Victor reviewed surveillance video and determined that the perpetrator had touched very little - just the door, from which it would be difficult to obtain fingerprints (the robber did not wear gloves). The officer obtained a description of the robber: male, about 57", wearing a black hoodie and black sweatpants. A store employee reported in her 911 call that the sweatshirt was Nike brand, and the surveillance video showed that the sweatshirt was worn inside out. Other individuals said during a second 911 call that the robber was balding and had tattoos on his neck.

{¶ 5} The Dayton Police Department's Violent Offender Unit investigates all robberies in Dayton. In the spring and summer of 2019, the unit had six detectives and two Bureau of Alcohol, Tobacco and Firearms (ATF) special agents assigned to the office. According to Detective Nathan Curley, the assigning detective, the unit uses crime pattern analysis and does independent follow-up investigations of robberies.

{¶ 6} Detective Curley assigned himself to the April 20 robbery of the Family Dollar store on Wayne Avenue. He went to the scene, spoke with witnesses, and watched the surveillance video. Curley saw in the video that the suspect ran down the road behind the Family Dollar store, then down an alley that runs perpendicular to that road. A witness reported that the man then got into a silver car and drove away. Detective Curley was unable to find video footage of the silver vehicle.

May 31 Robbery - Dollar General at 2821 Linden Avenue

{¶ 7} At approximately 9:30 p.m. on May 31, 2019, Kara Wellman was working as the assistant manager at the Dollar General store at 2821 Linden Avenue. As Wellman was preparing to go into the safe to make a "cash drop" and change out large bills for smaller bills, a man entered the store wearing a dark hoodie, dark pants, and dark shoes; he was not wearing gloves. The hoodie was pulled closed so only his eyes and nose were visible. The man jumped over the barrier to get behind the counter, holding his hood closed with his right hand while holding a gun in his left hand. Wellman did not see the man approach her, but she heard him say, "Yeah, open the safe." The safe was behind the counter near the registers. Wellman noticed that the man had a gun pointed at her.

{¶ 8} Wellman opened the safe and backed away. The robber crouched down by the safe, pulled out a money tray with his right hand and then took cash with that hand before transferring it to his left. He then passed the money back to his right hand and put the money in his right pocket. After the man took money from the safe, Wellman opened a register. While Wellman opened the register, the robber held his hood closed with his left hand. He then grabbed money from the register with his right hand, transferred it to his left hand, and put it in his left pocket. As the robber left the store, he held his hood closed with his left hand. Wellman called 911.

{¶ 9} Dayton Police Officer Christopher White was dispatched to 2821 Linden Avenue on a report of an armed robbery in progress at that location. The dispatch indicated that the male perpetrator was dressed in dark clothing and was last seen running through the parking lot. Instead of heading directly to that location, the officer drove around the area, looking for the perpetrator, but he did not locate any suspects. Officer White reported that another crew conducted a traffic stop of potential suspects nearby, but it appeared that vehicle's occupants had nothing to do with the robbery.

{¶ 10} Officer White then drove to the store to assist other officers in the investigation. White reviewed security footage, and he noted that the perpetrator had entered the store and jumped over the barrier separating customers from the employees at the register. Once over the barrier, the robber brandished a handgun and ordered an employee to open the safe and cash register. The robber brushed the employee aside, took money from both, hopped back over the barrier, and left the store. Officer White estimated that the robber was 5'9" or 5'10" tall.

June 10 Late Afternoon Robbery - Dollar General at 2312 North Main Street

{¶ 11} During the late afternoon on June 10, 2019, Sommer Stroope was the assistant manager at the Dollar General Store at 2312 North Main Street. Tonia Smith was working as the cashier. Shortly before 5:00 p.m., a male dressed in a black hooded sweatshirt with a distinctive white logo, black pants, and black Nike shoes entered the store. The hood of the sweatshirt was cinched around the man's face. The man jumped the counter and told Smith to open the register. After the register was open, he reached in with his right hand, transferred the cash to his left hand, and then put it in his left pocket. The robber then jumped back over the counter and left. As he exited the store, his left hand was in his pocket, and he held his hood closed with his right hand.

{¶ 12} Smith called to Stroope that she had been robbed and that the robber had a gun. Stroope told Smith to call 911, and she (Stroope) went into the office to gather video footage for police officers to view. Stroope indicated that her store had been robbed several times previously. The manager estimated that approximately $100-150 was taken during this robbery.

{¶ 13} As other police units canvassed the area, Detective Mark Orick responded to the store. Orick was familiar with the store's surveillance system. A week and a half prior to the robbery, he had been assigned to the store to operate the camera system in anticipation that the store could be robbed again. Upon responding to the Dollar General, the detective reviewed the surveillance video. Detective Orick studied the logo on the robber's sweatshirt and ascertained that the logo belonged to a company called "Self Made."

June 10 Evening Robbery - Dollar General at 445 Salem Avenue

{¶ 14} Later on June 10, Kendall Simmons was working at the Dollar General store at 445 Salem Avenue at the intersection of Salem and Grand Avenues. An assistant manager, a custodian, and a co-worker named Deron were also working at the store that evening. At approximately 8:30 p.m., Simmons and Deron were working at the registers while the assistant manager was in the office. At 8:33 p.m., a man in a black hoodie with a "Self Made" logo on the front, "Self Made" sweatpants, and red Nike shoes came into the store. Although his hood was up, the man's left hand was by his side, and his right hand was below his chin, making his face initially visible on the interior surveillance camera of the front door. The man cinched the hoodie with his right hand, approached Deron (who was at the register closest to the door), briefly pointed a gun at him and told Deron to give him money. Deron opened the register and backed away. The robber climbed over the bagging area and took cash from the register. The robber was not wearing gloves.

{¶ 15} The robber then approached Simmons at his register and told him to open it. Simmons "fiddled with the drawer," trying to buy time for the police...