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State of Ohio v. Wayman L. Roseberry

November 17, 2011

STATE OF OHIO PLAINTIFF-APPELLEE
v.
WAYMAN L. ROSEBERRY DEFENDANT-APPELLANT



Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-540130

The opinion of the court was delivered by: Kathleen Ann Keough, J.:

Cite as State v. Roseberry,

JOURNAL ENTRY AND OPINION

JUDGMENT:

AFFIRMED IN PART,

REVERSED IN PART, AND REMANDED

BEFORE: Keough, J., S. Gallagher, P.J., and E. Gallagher, J.

{¶1} Defendant-appellant, Wayman L. Roseberry ("Roseberry"), appeals his convictions. For the reasons that follow, we affirm in part, reverse in part, and remand for a new trial.

{¶2} In August 2010, Roseberry was charged with one count each of aggravated burglary and kidnapping, each containing firearm and forfeiture specifications; one count of having weapons while under disability, with a forfeiture specification; and one count each of burglary, theft, and receiving stolen property. Roseberry waived his right to a jury trial and the case was tried to the court.

{¶3} The victim, Danielle Adams ("Adams"), testified that Roseberry was her ex-boyfriend, and that when they were dating, he stayed at her residence every night, kept personal belongings there, and had a house key. In the spring of 2010, they ended their relationship, but Roseberry still visited Adams at her home even though she had taken her key back from him.

{¶4} During the late hours of July 24 and early morning hours of July 25, while she was at work, Adams exchanged text messages with Roseberry. Over objection, Adams read out loud on direct examination her handwritten transcription of the exchanged text messages. Adams testified the exchange between her and Roseberry was as follows:

{¶5} "Roseberry: Man u did smething ill brak da window.

{¶6} * *

{¶7} "Adams: Wht?

{¶8} "Roseberry: I dnt wnt to brake nothing to get n and u blocked da door so I cant get n

{¶9} * *

{¶10} "Adams: So you got my key huh

{¶11} * *

{¶12} "Roseberry: OK can u un block da door I dnt have no where to go

{¶13} "Adams: Y u say u didn't have the key

{¶14} "Roseberry: Cuz who wnt ti be left n da streets

{¶15} "Roseberry: Man pease dnt make me do smething I dnt wnt please open dat door

{¶16} "Roseberry: Man ima get n

{¶17} "Adams: I hope u aint break-in no window

{¶18} "Adams: Im at work go wit your best friend, he always got ur bck remember

{¶19} "Roseberry: I neva said that im tryna get away I don't wnt to do sht stupid so please let me n

{¶20} "Adams: I said i'm at work

{¶21} "Roseberry: Ok how do i get in"

{¶22} Around noon on July 25, after receiving a call from her neighbor, Adams left work. When she arrived at her home, she saw that her front window was broken and she contacted the police. When the police arrived, Adams discovered that two televisions, two DVD players, a gaming system, and a window air conditioner had been stolen from her residence. Although she could not assess the value of the televisions, DVD players, or air conditioner, Adams testified that the value of the gaming system was $200.

{¶23} Later on the evening of July 25, Roseberry used a key to gain access to Adams's home. Adams testified that she did not give Roseberry permission to use the key or enter her residence. According to Adams, when Roseberry entered her residence, he was holding a silver gun in his hand.

{¶24} After a period of time, Adams drove Roseberry to get something to eat. Adams testified that she went with him because he had a gun, but she could not recall if he took the gun with him when they left the residence. About 15 minutes later, when they returned back to her residence, Adams sent a text message to her neighbor, telling him Roseberry was in her home with a gun.

{¶25} An East Cleveland police officer contacted Adams and she discreetly informed the officer that Roseberry had a gun. The police arrived approximately five minutes later. According to Adams, when Roseberry realized the police were outside the residence, he walked toward the back of the house. When he returned to the living room, he no longer had the gun in his hand. Roseberry then voluntarily exited the front door of the residence, was detained, and arrested.

{¶26} Officer Steve Kaleal testified that he responded to the breaking and entering call at approximately 12:40 p.m. on July 25. When he and his partner arrived at the residence, he observed that a front window had been pushed out. After taking an inventory of the property missing from the residence, he interviewed neighbors. Based on a conversation with the next-door neighbor, Roseberry was a named suspect.

{ΒΆ27} Officer Robert Bailey testified that he responded to Adams's address on July 25 at 10:00 p.m. for a possible hostage situation. After Roseberry was detained, Officer Bailey entered the residence, spoke with Adams regarding the weapon involved, and located ...


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