Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Shabazz

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 25, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DERRELL B. SHABAZZ DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-12-567946-B

          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 Mays, J.

          JOURNAL ENTRY AND OPINION

          EILEEN A. GALLAGHER, PRESIDING JUDGE.

         {¶1} 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.

         Facts and Procedural Background

         {¶2} 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.[1]

         {¶3} 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.

         {¶4} 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 accepted.

         {¶5} 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.

         Law and Analysis

         I. Trial Court's Ability to Impose Consecutive Sentences at Resentencing

         {¶6} 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.