Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Christopher J. Pagan Repper, Pagan,
and Cook, Ltd.
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Christopher D. Schroeder Frank Romeo
Zeleznikar Assistant Prosecuting Attorneys.
BEFORE: E.A. Gallagher, P.J., E.T. Gallagher, J., and Laster
JOURNAL ENTRY AND OPINION
A. GALLAGHER, PRESIDING JUDGE.
Defendant-appellant Derrell Shabazz appeals from the
imposition of consecutive sentences at his resentencing
hearing in the Cuyahoga County Court of Common Pleas. We
affirm the judgment of the trial court.
and Procedural Background
In 2013 Shabazz was found guilty of aggravated murder, murder
and three counts of felonious assault in the shooting death
of Antwon Shannon that occurred during a bar fight. Shabazz
was also found guilty of one count of felonious assault
against a separate victim, Ivor Anderson, and one count of
having a weapon while under disability. The trial court
merged as allied offenses all of the counts relating to
Shannon. The state elected to proceed to sentencing on the
aggravated murder count and the trial court imposed a prison
term of 20 years to life on the count. The court also
sentenced Shabazz to two years in prison for the felonious
assault charge against Anderson and nine months in prison for
having a weapon while under disability. The sentences for
aggravated murder and having a weapon while under disability
were ordered to be served concurrently but the two-year term
for the assault of Anderson was ordered to be served
consecutively to the 20-years-to-life term for the aggravated
murder of Shannon.
Shabazz appealed his convictions to this court in State
v. Shabazz, 8th Dist. Cuyahoga No. 100021,
2014-Ohio-1828 ("Shabazz I "),
and we vacated his convictions for aggravated murder, murder,
having weapons while under disability and two of the three
counts of felonious assault against Shannon. We affirmed the
remaining convictions for felonious assault against Shannon
and his conviction for felonious assault against Anderson and
remanded the matter for resentencing on the count of
felonious assault against Shannon.
On September 24, 2014, the Ohio Supreme Court accepted for
review an appeal of our decision. However, on June 24, 2015,
the court dismissed the cause as having been improvidently
Pursuant to our remand, the trial court conducted a
resentencing hearing on June 7, 2016, and imposed a four-year
prison term on the felonious assault count against Shannon.
At the state's request, the trial court incorporated the
previously affirmed two-year sentence for felonious assault
against Anderson into the sentencing entry. The trial court
ordered the two sentences be served consecutively.
Trial Court's Ability to Impose Consecutive Sentences at
Shabazz presents two arguments regarding his sentence for
felonious assault against Anderson: 1) that the trial court
erred in resentencing him on this count and 2) that the trial
court was without authority to order the four-year prison
term for ...