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State v. Rogers

Court of Appeals of Ohio, Eighth District, Cuyahoga

December 21, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
PIERRE ROGERS DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-15-600299-A, CR-15-600765-A, and CR-16-607691-A

          ATTORNEY FOR APPELLANT Gregory Scott Robey Robey & Robey

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Nathalie E. Naso Assistant Prosecuting Attorney

          BEFORE: Keough, A.J., S. Gallagher, J., and Celebrezze, J.

          JOURNAL ENTRY AND OPINION

          KATHLEEN ANN KEOUGH, A.J.

         {¶1} In this consolidated appeal, defendant-appellant, Pierre Rogers, appeals his convictions following guilty pleas in three separate cases. For the reasons that follow, we affirm in part, reverse in part, and remand.

         {¶2} In October 2015, Rogers was named in a four-count indictment under Cuyahoga C.P. No. CR-15-600299 charging him with two counts each of aggravated vehicular assault, second-degree felonies, and driving while under the influence of alcohol or drugs, first-degree misdemeanors. The case stemmed from a February 2105 automobile accident where Rogers was driving on a suspended license at a high rate of speed and struck another vehicle, causing the driver injury.

         {¶3} In November 2015, Rogers was named in a single-count indictment under Cuyahoga C.P. No. CR-15-600765, charging him with drug possession, a felony of the fifth degree.

         {¶4} In July 2016, Rogers was named in a seven-count indictment under Cuyahoga C.P. No. CR-16-607691, charging him with three first-degree felony counts of aggravated arson; one count of aggravated arson in the second-degree; arson, a first-degree misdemeanor; aggravated menacing, a misdemeanor of the first degree; and criminal damaging or endangering, a first-degree misdemeanor. The case stemmed from Rogers setting the porch of a multifamily home where his ex-girlfriend resided on fire.

         {¶5} After being found competent to stand trial and sane at the time of the commission of the offenses, Rogers entered guilty pleas in each case in October 2016.

         {¶6} In Case No. CR-15-600299, Rogers pleaded guilty to one count each of aggravated vehicular assault (Count 1) and driving while under the influence of alcohol or drugs (Count 3). The trial court imposed a five-year sentence on Count 1, and ordered Rogers to serve a three-day sentence in the county jail on Count 3. The sentences were ordered concurrent to each and to the other cases. The court also ordered Rogers to pay restitution to the victim in the amount of $35, 507.69, and a fine of $375. Finally, the court imposed a lifetime suspension of Rogers's driver's license.

         {¶7} In Case No. CR-15-600765, Rogers pleaded guilty to drug possession and was sentenced to six months in prison, to be served concurrently with the other sentences.

         {¶8} In Case No. CR-16-607691, Rogers pleaded guilty to an amended charge of attempted aggravated menacing, a felony of the third degree (Count 4), aggravated menacing (Count 6), and criminal damaging (Count 7). The court sentenced Rogers to twelve months in prison on Count 1, and six months each for Counts 6 and 7. The sentences were ordered to be served concurrent to each other and with the other cases. Additionally, Rogers was advised at sentencing of the mandatory lifetime registration requirements for the arson-related offense.

         {¶9} Rogers now appeals, raising ...


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