Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Baker

Court of Appeals of Ohio, Second District, Montgomery

November 17, 2017

STATE OF OHIO Plaintiff-Appellee
v.
LARRY BAKER Defendant-Appellant

         Criminal Appeal from Common Pleas Court, T.C. No. 11-CR-4317/2

          SARAH E. HUTNIK, Atty. Reg. No. 0095900, Assistant Prosecuting Attorney, Attorney for Plaintiff-Appellee.

          LARRY BAKER, Inmate No. 686670, Warren Correctional Institute, Defendant-Appellant.

          OPINION

          FROELICH, J.

         {¶ 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.

         I. 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.