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. Brooks

Court of Appeals of Ohio, Eighth District, Cuyahoga

March 29, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
MICHAEL J. BROOKS DEFENDANT-APPELLANT

          IN PART AND REMANDED IN PART Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-14-584941-A

          ATTORNEY FOR APPELLANT Brian R. McGraw

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Gregory J. Ochocki Assistant County Prosecutor Justice Center, 9th Floor

          Before: Laster Mays, J., Blackmon, P.J., and Jones, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, JUDGE

         {¶1} Defendant-appellant Michael J. Brooks ("Brooks") appeals his sentence and asks this court to remand to the trial court for resentencing. We affirm in part, and remand in part.

         I. Procedural History

         {¶2} Brooks previously appealed his convictions and sentence to this court in State v. Brooks, 2016-Ohio-489, 56 N.E.3d 357 (8th Dist.) ("Brooks I").

In May 2014, Brooks, along with co-defendant Sylvester Cotton, was indicted in a multi-count indictment. Counts 1 and 2 charged attempted murder; Counts 3 and 4 charged felonious assault; Counts 5 and 6 charged kidnapping; Counts 7 and 8 charged aggravated robbery; and Count 9 charged aggravated burglary. Counts 1 through 9 all contained one- and three-year firearm, forfeiture of a weapon, and repeat violent offender specifications, as well as notices of prior conviction.
Count 10 charged grand theft; Count 11 charged theft; Count 12 charged petty theft; Count 13 charged improperly handling firearms in a motor vehicle; Count 14 charged having weapons while under disability; and Count 17 charged tampering with evidence. Counts 13 and 14 contained forfeiture of a weapon specifications. Counts 15, 16, and 18 related solely to codefendant Cotton.
After discovery, the case proceeded to a joint trial. Relative to Brooks, with the exception of the having weapons while under disability, the notices of prior conviction and repeat violent offender specifications, the case was tried to a jury. The jury found Brooks guilty of all counts and firearm specifications as charged, and the court found him guilty of having weapons while under disability and all of the notices of prior conviction and repeat violent offender specifications. The case immediately proceeded to sentencing; the trial court sentenced Brooks to an aggregate 75-year prison sentence, which included consecutive terms.

Id. . at ¶ 2-4.

         {¶3} In Brooks I, Brooks assigned two errors for our review: "The evidence adduced at trial was insufficient to sustain a verdict against defendant-appellant; and [t]he trial court committed prejudicial error by failing to merge the charge of kidnapping into other crimes of similar import." Id. at ¶ 19. This court ruled that

Having found merit to the first assignment of error as it relates to the attempted murder under Count 2, we reverse and remand for vacation of that conviction. Further, having found merit to the first assignment of error as it relates to the aggravated burglary conviction under Count 9, we reverse and remand for vacation of that conviction and resentencing. The judgment is affirmed in all other respects.

Id. . at ¶ 49.

         {¶4} On August 10, 2016, the trial court vacated Brooks's finding of guilty on Count 2 and his conviction on Count 9. The trial court then reimposed its sentence on the ...


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.