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State v. Smith

Court of Appeals of Ohio, Second District, Montgomery

June 16, 2017

STATE OF OHIO Plaintiff-Appellee
v.
RONALD A. SMITH Defendant-Appellant

         Criminal Appeal from Common Pleas Court Trial Court Case No. 2004-CR-3554

          MATHIAS H. HECK, JR., by ANDREW T. FRENCH, Atty. Reg. No. 0069384, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, Attorney for Plaintiff-Appellee

          RONALD A. SMITH, #516-443, Defendant-Appellant, Pro Se

          OPINION

          HALL, P.J.

         {¶ 1} Ronald A. Smith appeals from the trial court's decision and entry overruling his pro se July 26, 2016 "Motion for Re-Sentencing Void Sentence Pursuant to R.C. 2941.25(A)."

         {¶ 2} In his sole assignment of error, Smith contends the trial court erred in overruling his motion on the basis of res judicata and untimeliness.

         {¶ 3} The record reflects that Smith was found guilty of aggravated robbery and aggravated burglary in 2005. The trial court imposed two consecutive 10-year prison terms. This court affirmed on direct appeal in State v. Smith, 2d Dist. Montgomery Nos. 21463, 22334, 2008-Ohio-6330, setting forth the following facts underlying the convictions:

During the evening hours of September 27, 2004, two African-American males, one identifying himself as "Little Ronnie, " kicked in the front door of Latisha Robinson's apartment and entered. The man identifying himself as Little Ronnie, was armed with a gun. He got in her face and demanded to know where her boyfriend, Corey Pullings, was. The other man went to her back door and opened it, allowing three additional men to enter the apartment.
When Robinson denied any knowledge of Pullings, Little Ronnie went upstairs in the apartment, tearing the handrail off the wall, and he went into Robinson's bedroom putting the gun to her son's head. He then demanded Robinson give him something to get him to leave. Robinson gave one of the men sixty dollars and her cell phone.
Meanwhile, the four men downstairs ransacked Robinson's apartment, toppling furniture and rummaging through boxes, throwing things to the floor. The men took additional items from the apartment, including radios and CD's. During the ransacking of the apartment, the gunman, who repeatedly identified himself as "Little Ronnie, " and Robinson were engaged in a confrontation in the dining room where he attempted to force Robinson to lay on the floor "like execution style." Finally, after the other men exited the apartment, "Little Ronnie" ran out, too.
Robinson then escaped to a neighbor's apartment, where the police were called. The next day, Detective Ward, of the Montgomery County Sheriff's Office prepared a photo spread containing a picture of Ronald Smith, the only individual the detective knew that called himself "Little Ronnie." Robinson could not identify anyone in the photo spread. Subsequently, when Robinson was viewing serial photos on the detective's computer screen, a photo of Smith came up, showing his gold teeth that were not displayed in the prior photo. Robinson indicated that this picture of Smith "could possibly be the person who was in her house."
Subsequently, a neighbor, who had opened his door while Smith and the others were knocking at Robinson's door, immediately picked out Smith from a photo spread as the man at her door, and who had identified himself as Little Ronnie.
Smith was arrested. After being Mirandized, Smith admitted that he and four others were knocking at Robinson's apartment looking for Corey Pullings, but claimed that he left after being told that he was not there. He claimed that one of the other men kicked in the door and entered, but denied that he ever entered the apartment. Prior to trial, Smith made a number of phone calls attempting to get Robinson ...

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