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State v. Boros

Court of Appeals of Ohio, Eighth District, Cuyahoga

August 31, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
MATTHEW BOROS DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-16-607506-A and CR-16-608167-A

          ATTORNEY FOR APPELLANT Raymond R. Froelich.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Shannon M. Musson Assistant County Prosecutor.

          BEFORE: Boyle, J., E.A. Gallagher, J., and McCormack, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, J.

         {¶1} Defendant-appellant, Matthew Boros, appeals his conviction for one count of criminal trespass and two counts of theft. For the reasons that follow, we affirm.

         I. Procedural History

         {¶2} In May 2016, in Cuyahoga C.P. No. CR-16-607506, a grand jury indicted Boros for one count of breaking and entering in violation of R.C. 2911.13(A), a fifth-degree felony, and one count of theft in violation of R.C. 2913.02(A)(3), a fifth-degree felony. In Cuyahoga C.P. No. CR-16-608167, a grand jury indicted Boros for one count of theft in violation of R.C. 2913.02(A)(3), a fifth-degree felony, and one count of securing records by deception in violation of R.C. 2913.43(A), a fifth-degree felony. The charges in both criminal cases arose out of multiple incidents when Boros took money from victims for the purchase of homes even though Boros had no right or ownership interest in the properties. Boros pleaded not guilty to the charges.

         {¶3} Boros filed a motion for intervention in lieu of conviction. On September 13, 2016, the trial court ruled that the "motion for intervention in lieu is denied."

         {¶4} Thereafter, Boros retracted his not guilty pleas in both criminal cases in a plea-bargained package deal. Boros pleaded guilty in Cuyahoga C.P. No. CR-16-607506 to one count of criminal trespass, a fourth-degree misdemeanor, and one count of theft, a fifth-degree felony. In Cuyahoga C.P. No. CR-16-608167, Boros pleaded guilty to one count of theft, a fifth-degree felony.

         {¶5} At the plea and sentencing hearings, two victims gave statements. One of the victims, Lisa, stated that she met Boros while looking for a home for her 72-year-old father who had been living in a nursing home. Boros originally told Lisa that he had a house in East Cleveland for her to purchase for her father. At Boros's request, Lisa and her brother paid for a roof on the East Cleveland home. Thereafter, Boros told Lisa that the East Cleveland home was no longer available, but that he had found another home for her father in Euclid. After taking out a loan and paying Boros money on a weekly basis for the Euclid home, Lisa learned that the house did not belong to Boros. Lisa stated that her father now believes that she and her siblings have abandoned him in the nursing home because they were not able to move him into the home as promised by Boros.

         {¶6} Another victim, David, explained that he, his fianceé, and five children needed a home. He met Boros because of a house located on West 36th Street in Cleveland that was listed on Craig's List. David said that Boros agreed to sell the West 36th Street house to David, and he signed paperwork that he received from Boros. David said that he paid Boros $5, 160, but that he never took possession of the house because Boros did not have any right to sell it. David indicated that he had to borrow some of the money to pay Boros because his income last year totaled approximately $5, 000.

         {¶7} In Cuyahoga C.P. No. CR 16-607506, the trial court sentenced Boros to 30 days in county jail for the criminal trespass charge and 11 months in prison for the theft charge. In Cuyahoga C.P. No. CR 16-608167, the trial court sentenced Boros to 11 months in prison. The trial court ordered the sentences in the two cases to be served consecutively for a total of 22 months.

         {¶8} Boros appeals from the trial court's judgment. He asserts the ...


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