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State v. Maddox

Court of Appeals of Ohio, Eighth District

July 18, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
GREGORY A. MADDOX DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-560734

ATTORNEY FOR APPELLANT Joseph Vincent Pagano.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor BY: Marc D. Bullard Assistant County Prosecutor The Justice Center.

BEFORE: Boyle, P.J., Rocco, J., and Blackmon, J.

JOURNAL ENTRY AND OPINION

MARY J. BOYLE, PRESIDING JUDGE.

{¶1} Defendant-appellant, Gregory Maddox, appeals from a judgment sentencing him to 17 years in prison for attempted murder and having a weapon while under a disability. He raises three assignments of error for our review:

1. The trial court erred when it sentenced Mr. Maddox to maximum, consecutive prison terms.
2. The trial court erred by not calculating and awarding Mr. Maddox jail-time credit in this case.
3. The trial court erred by ordering restitution in violation of the provisions of R.C. 2929.18.

{¶2} Finding no merit to his appeal, we affirm.

Procedural History and Factual Background

{¶3} In March 2012, Maddox was charged with five counts: two counts of felonious assault in violation of R.C. 2903.11(A)(1) and (2); attempted murder in violation of R.C. 2923.02 and 2903.02(A); and two counts of having a weapon while under a disability in violation of R.C. 2923.23(A)(2) and (3). The felonious assault and attempted murder charges carried one- and three-year firearm specifications. He originally pleaded not guilty to all charges. But he later withdrew his plea of not guilty and pleaded no contest to all five counts and the specifications as indicted.

{¶4} At the time of his plea, Maddox acknowledged that he was on probation in other cases with the same judge. The trial court asked Maddox if he realized that his plea would make him a probation violator who could receive a consecutive period of incarceration. Maddox replied that he understood.

{¶5} Prior to sentencing Maddox, the trial court merged the felonious assault counts (Counts 1 and 2) with each other and with the attempted murder count (Count 3), and merged the counts involving having a weapon while under a disability (Counts 4 and 5). The state elected to have Maddox sentenced on Counts 3 and 5.

{¶6} At the sentencing hearing, the trial court explained:

This incident took place on March 8, 2012, at approximately 1500 hours, that would make that 3:00 in the afternoon, at West 38th Street. There was a shooting.
Upon their arrival, officers spoke to the witness, Elijah Blanco, who stated that Robert Holsey — that he and Robert Holsey were walking up to his house when a Ford Taurus pulled up.
He recognizes the driver as Heather Gump. Daniel Moncrease jumped out of the vehicle and began to fight with the victim, Mr. Holsey.
As they, Moncrease and Holsey, were fighting, another unknown male jumped out of the vehicle with a shotgun and shot Robert Holsey in the abdomen. The males jumped back into the vehicle and fled the scene.
Blanco called the police, at that time the police responded, they arrested Heather Gump without incident. They then responded to Moncrease's, where he was arrested and told that his brother, Gregory Maddox, was the person who shot the victim.
The victim was transported to Metro and thank God he survived[.]

{¶7} The victim, the victim's mother, the victim's uncle, and the victim's grandmother spoke at the sentencing hearing, all recommending the court give Maddox the maximum sentence.

{¶8} The state also recommended that the trial court give Maddox the maximum sentence of 17 years in prison. The state explained that Maddox shot the victim two times at close range, within four feet, with a 12-gauge shotgun. After the incident happened, Maddox "hid in Lorain County trying to avoid capture." Once he was arrested, Maddox told the detective that "he went up to the victim and laid him down with a Mossberg[.]" The state also indicated that Maddox was a "known associate of a gang on the west side known as the Cut Throat Bloods."

{¶9} Tyra Byrd, Maddox's fiancee, testified on his behalf. She told the court that Maddox needed substance abuse help, not prison. She also told the court that bipolarism "possibly could run in his family." She stated that Maddox hears voices and uses drugs to get away from those voices. She also said that Maddox "doesn't even remember being there that day."

{¶10} Defense counsel explained that even though the court's psychiatric clinic found Maddox to be sane, the record indicated that Maddox "has serious diminished mental capacity." Defense counsel stated, "Judge, this is — the boy ain't right, in simple language. He doesn't have everything up here to reason from point A to point B to point C. He saw his brother being beat up, somebody with his limited capacity does the wrong thing and thinks the wrong thing." Defense counsel further stated, "under our laws, a maximum consecutive sentence is reserved for the most serious offenders, for those who have the mental capacity to appreciate the wrongfulness of their acts, which he does not have." Defense counsel submitted to the court that the sentence that Maddox should receive "is in the range * * * of eight to twelve years rather than the sentence that the prosecutor has proposed."

{¶11} Maddox apologized to the court, the victim, and the victim's family. Maddox explained that he has always heard voices, but never knew there was something wrong with him. Maddox admitted that he has an anger problem. He explained that when he heard that someone wanted to kill his brother, he just wanted to "stop it from happening." Just prior to the shooting, Maddox said that he smoked a cigarette "dipped" in PCP. He told the court that he woke up "a few hours later, a lot of missed calls, I'm not sure what's going on, talking about I killed somebody."

{¶12} The presentence investigation report rated Maddox at a high risk to reoffend.

{¶13} The court indicated that it reviewed the psychiatric reports and stated, "there is an absence of any indication that he's had serious mental-health issues. He's had no prior psychiatric history at all." The court explained that Maddox had been diagnosed with an anti-social personality disorder, which is "a pretty fancy way of saying that he's got a bad attitude and that he is an angry person and that he has been out of control for years and that the situation was exasperated by his use of street drugs, his use of alcohol until he would black out, his use of PCP." The court read a portion of the report into the record, stating:

Anti-social personality disorder is characterized by a disregard for and a violation of the basic rights of others. It manifests in ...

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