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State of Ohio v. Bobby L. Moore

November 4, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
BOBBY L. MOORE DEFENDANT-APPELLANT



T.C. NO. 10CR2729 (Criminal appeal from Common Pleas Court)

The opinion of the court was delivered by: Donovan, J.

Cite as State v. Moore,

OPINION

{¶1} Defendant-appellant Bobby L. Moore appeals his conviction and sentence for one count of involuntary manslaughter, in violation of R.C. 2903.04(A), a felony of the first degree, accompanied by a firearm specification; one count of tampering with evidence, in violation of 2921.12(A)(1), a felony of the third degree; one count of carrying a concealed weapon, in violation of R.C. 2923.12(A)(2), a felony of the fourth degree; one count of illegal conveyance or possession of a deadly weapon or dangerous ordnance on school premises, in violation of R.C. 2923.122(A), a felony of the fifth degree, accompanied by a firearm specification; and one count of illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone, in violation of 2923.122(B), a felony of the fifth degree. Moore filed a timely notice of appeal with this Court on December 8, 2010.

I

{¶2} The instant appeal stems from an incident which occurred on June 16, 2010, in which Moore shot fifteen year-old Ronika Owens-Clemons on a playground located outside of Westwood School in Dayton, Ohio. Although Moore claimed the shooting was an accident, he called 911and falsely reported that Clemons had been injured in a drive-by shooting and needed assistance. Moore was overheard by the 911 operator telling someone at the scene to make sure that no one reported his involvement in the shooting. Moore fled the scene before police and paramedics arrived. Moore disposed of the firearm used in the shooting, and damaged the cell phone that he used to make the 911 call in order to impair its use as evidence against him. Moore was arrested shortly thereafter at his cousin's residence and taken into custody. Clemons died that day while being treated at Miami Valley Hospital for the injuries sustained in the shooting. Before she died, Clemons allegedly told the police that Moore had shot her accidentally.

{¶3} Because he was sixteen years-old, Moore was held at the Juvenile Detention Center. In a complaint filed on June 30, 2010, Moore was alleged to be a delinquent child and charged with multiple felony offenses relating to the shooting. On the same day, the State filed a motion requesting that the juvenile court relinquish jurisdiction and transfer the case to the Criminal Division of the Common Pleas Court so that Moore could be tried as an adult. After a probable cause hearing held on August 27, 2010, the juvenile court found that probable cause existed to find that Moore was responsible for the acts alleged in the complaint and issued an order binding Moore over to be tried as an adult in the Criminal Division.

{¶4} Moore was subsequently transferred, and on October 14, 2010,

Moore was charged by way of Bill of Information with one count of involuntary manslaughter accompanied by a firearm specification, one count of tampering with evidence, one count of carrying a concealed weapon, one count of illegal conveyance or possession of a deadly weapon or dangerous ordnance on school premises accompanied by a firearm specification, and one count of illegal conveyance or possession of a deadly weapon or dangerous ordnance in a school safety zone. On the same day, Moore pled guilty to all counts in the Bill of Information. At his sentencing hearing on November 3, 2010, the trial court sentenced Moore to eight years in prison for involuntary manslaughter, three years for tampering with evidence, one year for carrying a concealed weapon, and one year for illegal conveyance of a deadly weapon into a school safety zone. The court merged the count of possession of a deadly weapon on school premises with the count for illegal conveyance. The trial court also merged the firearm specifications into a singular three-year term. The trial court ordered that all of the sentences run consecutively for an aggregate sentence of sixteen years in prison.

{¶5} It is from this judgment that Moore now appeals.

II

{¶6} Initially, we note that appointed counsel for Moore submitted an appellate brief pursuant to Anders v. California (1967), 386 U.S. 738, 87 S.Ct. 139618 L.Ed.2d 493, alleging that no arguably meritorious issues exist for appeal. Following the State's response to the Anders brief, Moore's original attorney filed a notice of appearance and merit brief on his behalf.

{¶7} Moore sole assignment of error is as follows:

{ΒΆ8} "THE TRIAL COURT'S SENTENCE WAS EXCESSIVE AND NOT COMMENSURATE WITH SENTENCES IMPOSED ON ...


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