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State of Ohio v. Osby Cortez Scott

September 23, 2011

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
OSBY CORTEZ SCOTT, DEFENDANT-APPELLANT.



Civil Appeal from the Trumbull County Court of Common Pleas, Case No. 02 CR 234.

The opinion of the court was delivered by: Diane V. Grendell, J.

Cite as State v. Scott,

OPINION

Judgment: Affirmed.

{¶1} Defendant-appellant, Osby Cortez Scott, appeals the February 18, 2011 Judgment Entry of the Trumbull County Court of Common Pleas, denying his Application for Post-Conviction Relief, Motion for Inspection of Grand Jury Minutes, and Motion for an Evidentiary Hearing. Scott's petition for post-conviction relief, filed over seven years after his conviction, was not timely pursuant to R.C. 2953.21(A)(2) and fails to demonstrate that he is otherwise entitled to substantive relief. Accordingly, we affirm the decision of the court below.

{¶2} On April 15, 2002, the Trumbull County Grand Jury indicted Scott on the following charges: Aggravated Burglary, a felony of the first degree in violation of R.C. 2911.11(A)(1) and (B); Robbery, a felony of the second degree in violation of R.C. 2911.02(A)(2) and (B); Kidnapping, a felony of the first degree in violation of R.C. 2905.01(A)(2) and (C); Grand Theft of a Motor Vehicle, a felony of the fourth degree in violation of R.C. 2913.02(A)(1) and (B)(1) and (5); Failure to Comply with Order or Signal of Police Officer, a felony of the third degree in violation of R.C. 2921.331(B) and (C)(1) and (5)(a)(ii); and Burglary, a felony of the second degree in violation of R.C. 2911.12(A)(1) and (C).

{¶3} On February 10, 2003, Scott entered a plea of guilty to Aggravated Burglary, Failure to Comply, and Burglary. At the change of plea hearing, the State presented the following proffer as to what it would have proven at trial:

{¶4} [T]he State would have shown that as to [Aggravated Burglary] on April 9, 2002, *** this Defendant did by force, enter the home of one Pauline Dziama, age 82, located at 734 Willard Southeast, here in the City of Warren, Trumbull County, Ohio, with the purpose to commit a theft offense inside the structure, and that the Defendant did inflict physical harm on Mrs. Dziama, specifically abrasions to her wrist and forehead. Inside the house, the Defendant stole from Mrs. Dziama, among other things, some cash and her car keys.

{¶5} As to [Failure to Comply], the State would have shown that on April 9, 2002, immediately subsequent to the aggravated burglary at Mrs. Dziama's house, this Defendant committed the offense of failure to comply with the order or signal of a police officer, specifically this Defendant fled from Officer Hoso, and led Officer Hoso and other officers on a pursuit through the southeast side of Warren after receiving a visible and audible signal from Officer Hoso, specifically lights and siren, for this Defendant to bring his motor vehicle to a stop. The speed and reckless nature, with which this Defendant led that pursuit, caused a substantial risk of serious physical harm to persons or property, in fact this Defendant crashed the car he was driving into a garage on the southeast side of Warren causing extensive damage to that garage.

{¶6} As to [Burglary], the State would have shown that on April 9, 2002, this Defendant by force broke into a basement window of the Browning residence located at 964 Columbia Place here in the City of Warren, *** when the Browning[s] were present, with purpose to commit in the structure any criminal offense, and he broke into that [structure] to escape detection by the police.

{¶7} The State would have offered into evidence, photographs of Mrs. Dziama, photographs of the crime scene at 734 Willard, photographs of the damage to the garage located at 964 Columbia Place, and would have offered into evidence, the testimony of officers from Warren City Police Department ***, as well as the testimony of Mike Bakos, Pauline Dziama, Raymond Browning, others from the area of Columbia Place ***, as well as other detectives, from the Warren City Police Department. And that would comprise the facts as to the State's case.

{¶8} On February 12, 2003, the trial court issued its written Entry on Sentence, ordering Scott to serve a prison term of six years for Aggravated Burglary, two years for Failure to Comply, and four years for Burglary. The court ordered all sentences to be served consecutively, for an aggregate prison sentence of twelve years.

{¶9} On February 14, 2003, the trial court entered an order of nolle prosequi on the remaining counts of the Indictment.

{ΒΆ10} Scott appealed the trial court's acceptance of the guilty plea, arguing that the court failed to determine if he ...


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