Court of Appeals of Ohio, Eighth District, Cuyahoga
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
BEFORE: Boyle, J., E.A. Gallagher, J., and McCormack, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, J.
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.
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.
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."
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
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.
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,
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.
Boros appeals from the trial court's judgment. He asserts