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State v. Sullivan

Court of Appeals of Ohio, Tenth District

May 23, 2017

State of Ohio, Plaintiff-Appellee,
v.
Marcus L. Sullivan, Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas No. 06CR-3670

          On brief: Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellee.

          On brief: Marcus L. Sullivan, pro se.

          DECISION

          BRUNNER, J.

         {¶ 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.

         I. 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 171.)
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 ...

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