Court of Appeals of Ohio, Eighth District, Cuyahoga
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
LASTER MAYS, JUDGE
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
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
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
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
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.
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
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.
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 ...