State v. Delehanty

[Cite as State v. Delehanty, 2023-Ohio-337.] IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO WARREN COUNTY STATE OF OHIO, : Appellee, : CASE NO. CA2021-04-041 : OPINION - vs - 2/6/2023 : STORMY DELEHANTY, : Appellant. : CRIMINAL APPEAL FROM WARREN COUNTY COURT OF COMMON PLEAS Case No. 20CR37107 David P. Fornshell, Warren County Prosecuting Attorney, and Kirsten A. Brandt, Assistant Prosecuting Attorney, for appellee. Thomas G. Eagle Co., L.P.A., and Thomas G. Eagle, for appellant. BYRNE, J. {¶1} The Warren County Court of Common Pleas convicted Stormy Delehanty1 of four charges—including murder—arising out of allegations that she stabbed and killed Roman Roshchupkin and attempted to conceal her actions by cleaning the crime scene. Stormy appealed. For the reasons described below, we affirm Stormy's convictions, but we 1. Because appellant Stormy Delehanty and witness Daniel Delehanty share the same last name, we will refer to them by their first names. Warren CA2021-04-041 vacate her sentence and remand to the trial court for purposes of complying with the mandatory advisements of R.C. 2903.42(A)(1), and for resentencing. I. Indictment and Trial Summary {¶2} A grand jury indicted Stormy on four counts: Count One, murder, a violation of R.C. 2903.02(B); Count Two, felonious assault with a deadly weapon, a violation of R.C. 2903.11(A)(2); Count Three, felonious assault causing serious bodily harm, a violation of R.C. 2903.11(A)(1); and Count Four, tampering with evidence, a violation of R.C. 2921.12(A)(1). {¶3} R.C. 2903.02(B), the murder statute, states that "No person shall cause the death of another as a proximate result of the offender's committing or attempting to commit an offense of violence that is a felony of the first or second degree * * *." Counts Two and Three, which were both felonies of the second degree, constituted the predicate offenses for Count One. {¶4} The matter proceeded to a jury trial. We summarize the trial testimony below. A. State's Evidence 1. Daniel Delehanty's Testimony {¶5} Daniel Delehanty testified that he was Stormy's 17-year-old brother. Stormy had adopted him when he was seven or eight years old after their parents died. (The record reflects that Stormy was 28 years old at the time of the alleged offenses.) In the summer of 2020 Daniel was living with Stormy and Roshchupkin, who Daniel described as Stormy's boyfriend, in an apartment at 9852 Dartmouth Way in Warren County ("the apartment"). Daniel was not aware whether Stormy and Roshchupkin were married. {¶6} On Saturday, July 4, 2020, Daniel left the apartment sometime between 8:00 a.m. and noon to be with friends. He returned the following morning, Sunday, July 5, at around 4:00 a.m. The door was locked when he arrived. Daniel banged on the door until -2- Warren CA2021-04-041 Stormy opened it for him. He observed nothing unusual about Stormy or the apartment. He did not see or hear Roshchupkin inside the apartment. {¶7} Daniel stated that later that morning he had to go to work. Daniel and Stormy both worked at the same restaurant. Daniel asked Stormy …

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