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State v. Carzelle

Court of Appeals of Ohio, Eighth District, Cuyahoga

January 11, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DEANDRE T. CARZELLE DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-604414-A

          ATTORNEY FOR APPELLANT Richard Agopian

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Gregory J. Ochocki Assistant County Prosecutor

          BEFORE: Laster Mays, J., Kilbane, P.J., and McCormack, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, J.

         {¶1} Defendant-appellant Deandre T. Carzelle ("Carzelle") appeals his sentence and asks this court to remand to the trial court for resentencing. We affirm.

         {¶2} Carzelle pleaded guilty to three counts of discharging of a firearm on or near prohibited premises, a third-degree felony, in violation of R.C. 2923.162(A)(3); felonious assault (with a three-year firearm specification), a second-degree felony, in violation of R.C. 2903.11(A)(1); and having weapons while under disability, a third-degree felony, in violation of R.C. 2923.13(A)(2). The trial court sentenced Carzelle to 14 years in prison; three years on the firearm specification, eight years on the felonious assault charge, and three years on the discharging of a firearm charge.

         I. Facts

         {¶3} On March 1, 2016, Carzelle, along with his cousin, traveled to the scene of the crime to confront some people with whom he had a conflict. Carzelle brought a gun with him and shot twice across a roadway towards Dequantai Cross ("Cross"). Cross was in a barbershop at the time of the shooting. One of the bullets hit Cross in the face. Carzelle was subsequently arrested and charged with six felony counts.

         {¶4} Carzelle pleaded guilty to three of the six counts. The remaining charges were dismissed. At the time of Carzelle's sentencing, Cross still had the bullet lodged in his face. As a result of the shooting, Cross suffered hearing loss, has weekly therapy sessions, and faced additional surgeries.

         {¶5} The trial court sentenced Carzelle to a total of 14 years in prison. The trial court ordered that the sentences be served consecutively. Defense counsel did not object or raise the issue at sentencing regarding the allied offenses. As a result, Carzelle filed this timely appeal arguing one assignment of error:

         I. The trial court erred by imposing a consecutive sentence for an allied offense.

         II. Law and Analysis

         {¶6} In Carzelle's sole assignment of error, he contends that the trial court erred by failing to merge allied offenses of similiar import and imposing consecutive sentences for Count 2, discharging a firearm and Count 3, felonious assault. Carzelle asks this ...


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