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State v. Maxwell

Court of Appeals of Ohio, Fifth District, Richland

April 7, 2017

STATE OF OHIO Plaintiff-Appellee
v.
DeWAYNE MAXWELL Defendant-Appellant

         Criminal Appeal from the Court of Common Pleas, Case No. 16 CR 0030

          For Plaintiff-AppelleeBAMBI COUCH PAGE DANIEL M. ROGERS Mansfield, ASSISTANT PROSECUTOR

          For Defendant-Appellant DALE M. MUSILLI PROSECUTING ATTORNEY

          Hon. Patricia A. Delaney, P. J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          JOHN WISE,, J.

         {¶1} Appellant DeWayne Maxwell appeals his conviction on one count of breaking and entering following a jury trial.

         {¶2} Appellee is State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶3} On May 16, 2015 at approximately 2:00 a.m., Vector Alarm Company advised Mansfield Police Department (hereinafter "MPD") of a break-in at Crowes Shoes at 56 N. Main Street, Mansfield, Ohio, after someone set off the alarm there by unlocking and opening the front door. (T. at 140, 141, 207).

         {¶4} Responding to the call were MPD Officers Gillis, Rietschlin, and Butler, who observed the window of the front door broken, the front door unlocked, and both sides of the front door covered in blood. (T. at 138-144, 154-159, 164-168). The officers also discovered a blood-soaked napkin on the sidewalk in front of Crowes Shoes and observed blood on the floor and around the lock inside of Crowes Shoes. Id. Officer Rietschlin photographed the scene, swabbed the blood from the broken glass, collected the blood-soaked napkin from the sidewalk, and submitted the swab and the blood-soaked napkin to the MPD Crime Lab for testing. (T. at 143, 156-160, 186, 187, 218).

         {¶5} The officers contacted Jeffrey Deliandes, the owner of Crowes Shoes, who walked the officers through the store and advised them that nothing appeared to be missing or out of place. (T. at 208-212).

         {¶6} On June 29, 2015, Dawn Fryback, a DNA expert with the MPD Crime Lab, issued a report regarding the swab of the blood from the broken glass. (T. at 175-177, 185-187, 200, 218). Ms. Fryback's report indicated that the profile from the blood on the broken glass was similar to a previously obtained profile from Appellant DeWayne Maxwell. (T. at 188-190, 218). Ms. Fryback requested that MPD obtain a buccal swab or blood sample from Appellant to confirm the match. (T. at 169, 191, 218). Pursuant to Ms. Fryback's request, MPD Detective Bushong contacted Appellant, who denied breaking into Crowes Shoes, stated that there would be no reason for his DNA to be at the scene, and submitted a buccal swab. (T. at 168- 171). Detective Bushong submitted Appellant's buccal swab to the MPD Crime Lab. (T. at 171).

         {¶7} On November 20, 2015, Dawn Fryback issued a report regarding her analysis of Appellant's buccal swab compared to the swab of the blood from the broken glass at Crowes Shoes, confirming Appellant as the source of the blood recovered from the broken glass "to a reasonable degree of scientific certainty." (T. at 191-193, 218). Ms. Fryback's report indicated that the odds of someone other than Appellant being the source of the blood on the broken glass were one (1) in 7.182 quintillion. Id.

         {¶8} On January 14, 2016, a Richland County Grand Jury indicted Appellant on one count of Breaking and Entering, a fifth-degree felony pursuant to R.C. ยง2911.13(A), based ...


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