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State v. Satchel

Court of Appeals of Ohio, Sixth District, Sandusky

February 16, 2018

State of Ohio Appellee
v.
Omar Hassen Satchel Appellant

         Trial Court No. 15 CR 455

          Julia R. Bates and Alyssa Breyman, Special Prosecutors, for appellee.

          Brett A. Klimkowsky, for appellant.

          DECISION AND JUDGMENT

          MAYLE, P.J.

         {¶ 1} Appellant, Omar Satchel, appeals the March 23, 2016 judgment of the Sandusky County Court of Common Pleas sentencing him to 36 months in prison. Because Satchel's sentence is not contrary to law, we affirm.

         I. Background and Facts

         {¶ 2} On May 21, 2015, Satchel was indicted on one count of grand theft in violation of R.C. 2913.02(A)(1) and one count of possessing a firearm while under a disability in violation of R.C. 2923.13(A)(2), both third-degree felonies. The indictment alleges that, on April 4, 2015, Satchel stole and possessed a Cobra .380 caliber handgun belonging to Margaret Sims.

         {¶ 3} The possessing a firearm while under a disability charge was tried to a jury on March 22, 2016.[1] There was pretrial publicity in Sandusky County related to Satchel, the gun he allegedly possessed in this case, and an ongoing homicide investigation. As a result, the court and counsel conducted individual voir dire of the prospective jurors who had seen something about Satchel or this case in the media. This resulted in extended voir dire of 12 prospective jurors, five of whom were ultimately excused for cause. Nevertheless, the trial court was able to seat a panel of 12 jurors and one alternate.

         {¶ 4} The state's first witness was Diane Tiseo, a parole agent for the Michigan Department of Corrections. She testified that Satchel has been on parole in Michigan since December 2010, and that she is his parole officer. The state admitted into evidence certified copies of Satchel's Michigan convictions and sentence. Tiseo confirmed that Satchel was placed on parole following his prison term for home invasion and domestic violence convictions in 2008.

         {¶ 5} As part of her parole orientation with Satchel, Tiseo explained Michigan's zero-tolerance weapons policy, which prohibits a convicted felon from using or possessing any gun or imitation gun and any ammunition. The policy also prohibits a convicted felon from knowingly being in the company of a person who possesses a weapon. Satchel signed and received a copy of Michigan's conditions of parole, which included the weapons policy. Tiseo said that Satchel stopped reporting to her in January 2014. As a result, Tiseo placed him on absconder status and issued a warrant for his arrest.

         {¶ 6} The state's next witness was Lawrence Shields. He testified that he sold a working .380 caliber Cobra handgun and some .380 ammunition to Margaret Sims in February 2015. He identified state's exhibit J-a box for a Cobra .380 handgun and a box of .380 bullets-as the items that he sold to Sims.

         {¶ 7} On cross, Shields identified two receipts that he created when he sold handguns to Sims. Both were for Cobra .32 caliber handguns. One was sold in June 2014 and the other in January 2015. On redirect, Shields clarified that the January 2015 receipt contained a typographical error; he had, in fact, sold Sims a .380 handgun, not a .32. He also agreed that he sold the .380 handgun to Sims in January 2015, not February 2015.

         {¶ 8} Sims was the state's third witness. She testified that she purchased a Cobra .380 caliber handgun from Shields in January 2015. She identified the box the gun came in and the box of ammunition in state's exhibit J as the items that she purchased from Shields. She kept the gun and bullets in the drawer of the dresser in her bedroom.

         {¶ 9} Sims said that she had known Satchel for approximately a year-and-a-half and he occasionally lived with her. Satchel was living with Sims in ...


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