Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-498662
ATTORNEY FOR APPELLANT Joseph Vincent Pagano
ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor
James D. May Assistant County Prosecutor The Justice Center
E.A. Gallagher, J., Boyle, P.J., and Rocco, J.
JOURNAL ENTRY AND OPINION
EILEEN A. GALLAGHER, J.
(¶l} Defendant-appellant Gary Doubrava appeals his resentencing in the Cuyahoga Court of Common Pleas following a remand from this court for merger of certain allied offenses. For the following reasons, we affirm.
(¶2} The relevant procedural history was set forth by this court in State v. Doubrava, 8thDist. Cuyahoga No. 91792, 2009-Ohio-2369 (hereinafter "Doubrava I"):
In July 2007, Doubrava was indicted on 10 counts of felonious assault. In May 2008, a jury trial was held. The trial court dismissed the third count pursuant to a Crim.R. 29 motion, and the jury found him guilty on the remaining counts. In June 2008, the trial court sentenced him to eight years in prison.
This case arose from an incident that took place in the parking lot of Hotties Bar. An individual drove a vehicle through a crowd of people, injuring five. Police located the vehicle 15 minutes after the assault and found David Cotto ("Cotto"), intoxicated, inside. However, based upon eyewitness testimony, the State maintained that Doubrava was the driver of the vehicle at the time of the assault. Doubrava claimed Cotto was the driver.
Mat ¶ 2-3.
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Doubrava was convicted of two counts of felonious assault regarding four of the five victims. For each of the four, he was convicted under R.C. 2903.11(A)(1) for knowingly causing serious physical harm to another and also under R.C. 2903.11(A)(2) for knowingly causing or attempting to cause physical harm to another by means of a deadly weapon.
Id. at ¶ 32.
(¶ 3} In Doubrava I, appellant argued that his convictions were not supported by sufficient evidence and were against the manifest weight of the evidence, that he received ineffective assistance of counsel and that the trial court erred in convicting and sentencing him on allied ...