Court of Appeals of Ohio, Second District, Montgomery
Appeal from Common Pleas Court Trial Court Case No.
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
A. SMITH, #516-443, Defendant-Appellant, Pro Se
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
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
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
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,
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