Court of Appeals of Ohio, Second District, Montgomery
Appeal from Common Pleas Court, T.C. No. 11-CR-4317/2
E. HUTNIK, Atty. Reg. No. 0095900, Assistant Prosecuting
Attorney, Attorney for Plaintiff-Appellee.
BAKER, Inmate No. 686670, Warren Correctional Institute,
1} Larry Baker, pro se, appeals from a judgment of
the Montgomery County Court of Common Pleas, which overruled
his "motion for newly discovered evidence" and, in
the alternative, his "motion pursuant to Crim.R.
52(B)." For the following reasons, the trial court's
judgment will be affirmed.
Background and Procedural History
2} Baker's offenses stemmed from a robbery and
shooting at the Cash and Go pawn shop on December 22, 2011.
Baker and two accomplices, Darren Taylor and Anthony Dewayne
McClain, were alleged to have driven to the pawn shop from
Detroit that morning and to have robbed the shop and shot its
employee, Ilya Golub. Golub returned fire, striking McClain,
but the three perpetrators managed to flee and returned to
Detroit. Golub and McClain died from their gunshot wounds.
3} In June 2013, a jury found Baker guilty of four
counts of murder, one count of aggravated robbery, and one
count of felonious assault, each with a firearm
specification. After merging several offenses and
specifications, the trial court sentenced Baker to two
consecutive terms of 15 years to life on each of two counts
of murder (Counts 1 and 5) and to three additional years on
each of the firearm specifications for those counts.
Baker's aggregate sentence was 36 years to life in
prison, plus restitution, extradition costs, and court costs.
We affirmed his conviction on direct appeal. State v.
Baker, 2d Dist. Montgomery No. 25828, 2014-Ohio-3163.
4} On February 19, 2014, Baker filed a petition for
post-conviction relief. He alleged that his trial counsel had
rendered ineffective assistance by (1) not calling one of the
other perpetrators of the crime, Darren Taylor, as a witness
to "clear [Baker] of any wrongdoing, " and (2)
failing to present evidence that Baker had called the police
"to report the incident" when he got back to
Detroit. According to Baker, this evidence would have
supported his position that, if he were "guilty of
anything, it's being guilty by association, " or
being with the wrong people at the wrong time. The State
filed an answer to the petition and a motion for summary
judgment. The trial court denied Baker's petition and
granted the State's motion for summary judgment without a
hearing. We affirmed the trial court's ruling. State
v. Baker, 2d Dist. Montgomery No. 26252, 2015-Ohio-338.
5} On February 21, 2017, Baker filed a "motion
for newly discovered evidence and in alternative motion
pursuant to Criminal R.52(B) [plain error]." Baker
alleged that, sometime prior to trial, the prosecutor's
office made a plea offer that the State would recommend a
sentence between 20 and 24 years in exchange for a guilty
plea. Baker's motion further alleged that his
"counsel reported this plea deal to the affiants, but
not to the Defendant. Defendant was always informed that it
would be fruitless to seek plea negotiations because counsel
was sure that with the evidence that Defendant would be
vindicated on some of the charges." Baker claimed that,
but for counsel's actions, he would have accepted the
plea offer, and he sought reinstatement of the offer.
6} Baker supported his motion with a verified copy
of a letter from his mother, which stated:
November 22, 2016
To Whom It May Concern,
I contacted the lawyer in the year 2013, during the time my
son, Larry Baker, Jr. was going to trial and I asked the
lawyer, "What was going on with the case[, "] and
he said, ["]I don't know why he didn't take ...