from the Franklin County Court of Common Pleas No. 06CR-3670
brief: Ron O'Brien, Prosecuting Attorney, and Steven L.
Taylor, for appellee.
brief: Marcus L. Sullivan, pro se.
1} Defendant-appellant, Marcus L. Sullivan, appeals
a decision entered on January 24, 2017 by the Franklin County
Court of Common Pleas denying his motion for resentencing.
Because we find that the trial court sufficiently notified
Sullivan of requirements for post-release control following
his prison sentence there is no need for resentencing and we
affirm the judgment of the trial court.
FACTS AND PROCEDURAL HISTORY
2} On May 12, 2006, Sullivan was indicted for two
counts of attempted murder, three counts of felonious
assault, one count of discharging a firearm into a habitation
(each with an accompanying firearm specification), and one
count of possessing a weapon while under a disability. (May
12, 2016 Indictment.) On January 3, 2007 trial began.
3} We stated the factual background and evidence in
Sullivan's original appeal: 2017-Ohio-2943.docx
The indictment was the result of events occurring on March
10, 2006. The first witness to testify was Mattie Parnell. On
that date, Parnell was 17-years old and living with her aunt
on Cleveland Avenue. She was getting ready to leave for work
and her aunt asked her to retrieve her cousin's shoes off
the mantel in the front room of the house. Parnell heard
gunshots, realized she had been shot and yelled for her aunt.
She was taken to OSU hospital where she spent six days. The
bullet was removed on June 22, 2006.
Kimberly Thomas, Parnell's aunt, testified that Parnell
was living with her and her children on March 10, 2006.
Thomas did not hear any shots but heard Parnell calling her.
She called 9-1-1 and the ambulance took Parnell to the
hospital. The police found a bullet hole in the front door.
Several police officers testified regarding the police
investigation. The crime scene search unit found the bullet
hole in the door and determined that the shots may have been
fired from the parking lot across the street. In the parking
lot, five 9mm shell casings were found.
Curtis Holman testified that on March 10, 2006, he was
driving with his friend, Marcus Wellman, north on Cleveland
Avenue. They stopped at the red light at Cleveland and 11th
Avenue. They saw "Sparks, " who he identified as
appellant, in another car heading north. Appellant kept
looking back at them. Holman and Wellman laughed at appellant
because he was "funny looking." (Tr. at 143.)
Appellant sped off. When Holman and Wellman approached the
intersection of Cleveland and Cordell, Holman saw appellant
on the sidewalk with two guns in his hands and then Holman
heard gunshots. He ducked, and when he looked up, he had to
swerve to avoid hitting a parked car and his right front tire
went flat. He drove to Wellman's house nearby and told
the police it was "Sparks" who fired the shots. The
police showed him a picture of appellant and he identified
appellant as the shooter.
Wellman testified to substantially the same facts as Holman.
However, Wellman was not as certain in his identification of
appellant as the shooter because he heard the shots and
ducked. He testified that the person shooting looked similar
to appellant, whom he had seen at the red light. (Tr. at
The crime scene search unit also inspected the front tire on
Holman's car. No bullet was recovered from the tire but
it was "shredded." (Tr. at 106.) Officers showed
Holman and Wellman a photo of appellant after they had told
them the shooter was "Sparks" because the nickname
"Sparks" is associated with appellant. Holman and
Wellman positively identified appellant as the shooter from
the picture. (Tr. at 191.) Police officers looked for
appellant and the car. The car was found parked at an
apartment complex and a male fitting appellant's
description entered the car. After the car was ...