Court of Appeals of Ohio, Seventh District, Mahoning
Appeal from Court of Common Pleas of Mahoning County, Ohio
Case No. 14 CR 803
Plaintiff-Appellee No brief filed
Defendant-Appellant Attorney Donna Jewell McCollum, Roy J.
JUDGES: Hon. Gene Donofrio Hon. Cheryl L. Waite Hon. Mary
Defendant-appellant, Roy Cleary, appeals from a Mahoning
County Common Pleas Court judgment convicting him of murder
and aggravated robbery following his guilty plea.
On August 21, 2014, a Mahoning County Grand Jury indicted
appellant on one count of aggravated murder, one count of
murder, one count of tampering with evidence, and one count
of aggravated robbery. These charges stemmed from the robbery
and murder of Mark Westfall.
Appellant originally pleaded not guilty. He filed motions to
suppress his confession to the police and to suppress
evidence seized from his mother's home. The trial court
overruled the suppression motions.
Appellant subsequently reached a plea agreement with
plaintiff-appellee, the State of Ohio. Per the terms of the
plea agreement, appellant agreed to plead guilty to murder
and aggravated robbery. In exchange, the state agreed to
dismiss the aggravated murder and tampering with evidence
charges. Additionally, appellant and the state agreed to
jointly recommend a sentence of 15 years to life in prison on
the murder charge and five years on the aggravated robbery
charge, to be served consecutively to the murder sentence,
for a total jointly recommended sentence of 20 years to life.
The trial court held a change of plea hearing where appellant
pleaded guilty to murder, a special felony in violation of
R.C. 2903.02(A)(D) and aggravated robbery, a first-degree
felony in violation of R.C. 2911.01(A)(1)(C). The trial court
accepted appellant's plea and set the matter for a
At the sentencing hearing on June 5, 2015, the trial court
sentenced appellant to the jointly recommended sentence of 15
years to life for murder and five years for aggravated
robbery, to be served consecutively, for a total sentence of
20 years to life.
This court granted appellant's motion to file a delayed
appeal on August 4, 2016.
Appellant's appointed counsel filed a no merit brief and
request to withdraw pursuant to State v. Toney, 23
Ohio App.2d 203, 262 N.E.2d 419 (7th Dist. 1970).
On September 28, 2016, we issued a judgment entry notifying
the parties that appellant's counsel had filed a
Toney brief and advising appellant he had 30 days to
file a pro se brief. Appellant did not file a pro se brief.