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State of Ohio v. David E. Brody

September 23, 2011

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
DAVID E. BRODY, DEFENDANT-APPELLANT.



Criminal Appeals from the Court of Common Pleas, Case Nos. 10 CR 000026, 10 CR 000029, and 10 CR 000366.

The opinion of the court was delivered by: Timothy P. Cannon, P.J.

Cite as

State v. Brody,

OPINION

Judgment: Affirmed.

{¶1} Appellant, David E. Brody, appeals his sentence following his guilty plea in the Lake County Court of Common Pleas to multiple counts of burglary, breaking and entering, grand theft, receiving stolen property, misuse of credit cards, and vandalism in three separate cases. At issue is whether the trial court was required to make findings of fact in support of its consecutive sentences. For the reasons that follow, we affirm.

{¶2} Appellant was indicted or charged by way of information in three separate cases. In case No. 10 CR 000026, he was charged in an 11-count indictment with two counts of forgery, two counts of receiving stolen property, misuse of credit cards, two counts of identity fraud, burglary with a firearm specification, grand theft of a firearm with a firearm specification, having weapons while under disability with a firearm specification, and grand theft of miscellaneous electronics with a firearm specification.

{¶3} In case No. 10 CR 000029, appellant was charged in a 17-count indictment with grand theft of a motor vehicle, five counts of vandalism, four counts of breaking and entering, three counts of receiving stolen property, three counts of possession of criminal tools, and carrying a concealed weapon.

{¶4} Finally, in case No. 10 CR 000366, appellant was charged by way of information with one count of burglary.

{¶5} Appellant entered a plea bargain with the state pursuant to which, on June 23, 2010, he entered a guilty plea in each of these cases. In case No. 10 CR 000026, appellant pled guilty to misuse of credit cards, in violation of R.C. 2913.21(B)(2), a felony of the fifth degree; grand theft of a firearm, in violation of R.C. 2913.02(A)(1), a felony of the third degree; and burglary, in violation of R.C. 2911.12(A)(2), a felony of the second degree, with a firearm specification, in violation of R.C. 2941.141.

{¶6} In case No. 10 CR 000029, appellant pled guilty to breaking and entering, in violation of R.C. 2911.13(A), a felony of the fifth degree; receiving stolen property involving a motor vehicle, in violation of R.C. 2913.51(A), a felony of the fourth degree; grand theft of another motor vehicle, in violation of R.C. 2913.02(A)(1), a felony of the fourth degree; and vandalism, in violation of R.C. 2902.05(A), a felony of the fourth degree.

{¶7} Finally, in case No. 10 CR 000366, appellant pled guilty to burglary, in violation of R.C. 2911.12(A)(2), a felony of the second degree.

{¶8} Thereafter, the prosecutor outlined the factual basis for appellant's guilty pleas. In case No. 10 CR 000026, with respect to the misuse of credit cards charge, on October 12, 2003, appellant obtained various items of merchandise from Lowe's in Mentor, Ohio, in the amount of $1,109.26 by unlawfully using his former employer's credit card. As to the grand theft and burglary charges with a firearm specification, on October 29, 2004, appellant broke into the home of a police officer. After breaking into the officer's home, appellant stole the officer's 9 mm handgun. The prosecutor noted that appellant left a note for the officer saying, "see what'll happen to you the next time when you give me a ticket."

{¶9} In case No. 10 CR 000029, as to the grand theft and vandalism charges, on December 4, 2009, appellant stole a 2002 Geo Tracker owned by Janice Zappola from her residence in Mentor. Later, while driving the Geo, appellant was involved in a collision in which he extensively damaged the vehicle. Appellant returned the vehicle to the driveway of its owner and, in doing so, he kicked up gravel against the neighbor's house damaging its siding and windows, with damage estimates of $15,000.

{¶10} As to the receiving stolen property and breaking and entering charges, on December 25, 2009, appellant received a 1997 Honda Civic in Mentor owned by Bill Pearson and Ellen Strossure. Appellant later admitted he had reason to believe the car was stolen. That night appellant also threw a rock through a glass door at Pavo's Shoe Repair. He entered the store and stole various items, including $17 in cash.

{¶11} Finally, in case No. 10 CR 000366, on December 21, 2009, appellant broke into three homes in Mentor and stole various items from each. In one home he stole coins and stamps. In another he stole a television, laptop computer, and digital camera. In the third, he stole a CD stereo and speakers.

{ΒΆ12} The court found appellant's guilty pleas were knowing, intelligent, and voluntary; accepted the guilty pleas; and found appellant guilty. Specifically, in case No. 10 CR 000026, the court found appellant guilty of misuse of credit cards, burglary with a firearm specification, and grand theft of a firearm. In case No. 10 CR 000029, the trial court found appellant guilty of grand theft of a motor vehicle, vandalism, receiving stolen property involving another motor ...


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