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Marlow v. State

Although the evidence supported defendants' convictions for two felony counts of making a false statement, the Court vacated their sentences and remanded for the trial court to resentence them for the misdemeanor offense of making a false report of a crime, as they were entitled to the rule of lenity.

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Following a joint trial, Kelly Marlow and Robert Trim collectively, “the appellants” were each convicted of two felony counts of making a false statement.1 In separate appeals, the appellants challenge the denial of their subsequent motions for new trial. They assert identical enumerations of error: 1 the evidence was insufficient to support their convictions; 2 the rule of lenity should have been applied to their convictions; 3 the trial court erred in charging the jury; and 4 the trial court should have recused sua sponte. We consolidate these appeals for disposition in a single opinion, and for the reasons that follow, we affirm the appellants’ convictions, but vacate their sentences and remand for resentencing.

Viewed in the light most favorable to the verdict,2 the record shows that on June 13, 2013, at approximately 11:00 p.m., a Canton police officer responded to a 911 call made by Barbara Knowles outside the Painted Pig restaurant in Canton.3 When he arrived, the officer spoke with Knowles, Marlow, and Trim, and they advised that

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