Court of Appeals of Ohio, Second District, Montgomery
Appeal from Common Pleas Court T.C. NO. 11-CR-274;
B. PETERS, Attorney for Plaintiff-Appellee.
JAMES STOUT, Attorney for Defendant-Appellant.
L. GRAHAM, JR., Defendant-Appellant.
1} Defendant-appellant James L. Graham, Jr., appeals
a decision of the Montgomery County Court of Common Pleas,
Criminal Division, overruling his post-sentence motion to
withdraw his no contest pleas. Graham filed a timely notice
of appeal with this Court on March 1, 2016.
2} We set forth the history of the case in State
v. Graham, 2d Dist. Montgomery No. 26205, 26206,
2015-Ohio-896 (hereinafter "Graham I "),
and repeat it herein in pertinent part:
*** On July 15, 2013, Dayton police officers Travis Eaton and
his partner were dispatched to Grandview Hospital to meet a
woman who had been robbed and sexually assaulted. The woman
told the officers that she and another woman were walking
down Main Street near East Norman Avenue when they
encountered two African-American men-one heavier set; the
other tall, thin, and shirtless. They called over to the
women, and the women approached. When the women neared, the
victim saw that the shirtless man was holding what appeared
to be a shotgun wrapped in blue clothing. The man then
pointed the gun at her head and said, " 'You all are
going to follow us into the back alley.' " (Tr. 10).
They walked down the alley behind East Norman and stopped
behind the fourth or fifth house. The shirtless man told the
women to undress and empty out their purses, which they did.
Out of the house to the right of where they stood came a
heavier-set man wearing gray boxer briefs. The shirtless man
leveled his gun at the victim and said, "
'You're going to go in there and you're going to
do whatever the F Dave tells you.' " (Tr. 11). After
they went inside the house, "Dave" sexually
assaulted the victim. Afterwards, she ran out of the house to
The victim also told Officer Eaton "that later on
through her encounter that she discovered that the male that
was holding the gun was named J.R. or Junior or
something." (Tr. 9-10). This man was later identified as
Armed with this information, Officer Eaton and his partner
drove to East Norman Avenue and turned down the back alley.
After passing four or five houses, they saw items on the
ground that looked like they came from a woman's
purse-combs, hair bands, and the like. Officer Eaton called a
backup unit, and when it arrived, the officers surrounded the
house to the right of the items that they found on the
ground. Eaton peered through an open window into the living
room and saw sleeping a heavy-set man wearing gray boxer
briefs. When another officer began knocking on the front
door, Officer Eaton, through the window, ordered the man to
answer the door, which he did. This exchange followed:
"We asked him his name."-"Dave." (Tr.
"We asked him if anyone else was in the
house."-"[Y]eah, * * * family and everybody [i]s
"We asked him who everybody was."-"
'Junior and them.' " (Id.)
The officers then entered the house and found
"Junior" (Graham), who matched the victim's
description of the shirtless man holding the gun. They
arrested Graham and placed him in the back of a police
cruiser. They then obtained consent from the owner of the
house to search it. Officer Eaton found ...