Court of Appeals of Ohio, Eighth District, Cuyahoga
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
BEFORE: Keough, A.J., S. Gallagher, J., and Celebrezze, J.
JOURNAL ENTRY AND OPINION
KATHLEEN ANN KEOUGH, A.J.
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.
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.
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.
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
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.
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.
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.
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
Rogers now appeals, raising ...