Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-17-615802-A
ATTORNEY FOR APPELLANT Rachel A. Kopec
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Scott C. Zarzycki Brian Lynch Assistant
BEFORE: McCormack, P.J., Celebrezze, J., and Keough, J.
JOURNAL ENTRY AND OPINION
McCORMACK, PRESIDING JUDGE.
Defendant-appellant Brian Wimbley ("Wimbley")
appeals the imposition of consecutive sentences following his
convictions for participating in a criminal gang, robbery,
receiving stolen property, having a weapon while under
disability, aggravated robbery, and attempted robbery. For
the reasons that follow, we affirm Wimbley's sentence.
and Substantive History
The charges in this case stem from a significant amount of
criminal activity that took place throughout the greater
Cleveland area over the course of several months, including
robbing a Sonic restaurant and robbing individuals at
On April 29, 2016, a complaint was filed in juvenile court
alleging that Wimbley had committed one count of
participating in a criminal gang in violation of R.C.
2923.41, three counts of aggravated robbery in violation of
R.C. 2911.01(A)(1), seven counts of robbery in violation of
R.C. 2911.02, five counts of kidnapping in violation of R.C.
2905.01(A)(2), one count of receiving stolen property in
violation of R.C. 2913.51(A), one count of carrying a
concealed weapon in violation of R.C. 2923.12(A)(2), and one
count of having weapons while under disability in violation
of R.C. 2923.13(A)(2). The aggravated robbery, robbery, and
kidnapping counts each carried one- and three-year firearm
specifications and criminal gang activity specifications.
Wimbley was subsequently bound over and ultimately indicted
on the above charges.
On June 28, 2017, Wimbley pleaded guilty to one count of
participating in a criminal gang, one count of robbery, one
count of receiving stolen property, one count of having
weapons while under disability, one count of aggravated
robbery with a three-year firearm specification, and one
count of attempted robbery. The remaining counts and
specifications were dismissed as part of a plea agreement.
On July 26, 2017, the trial court sentenced Wimbley to five
years in prison for participating in a criminal gang, seven
years for robbery, 12 months for receiving stolen property,
24 months for having weapons while under disability, nine
years in prison for aggravated robbery, and 36 months for
attempted robbery. The three-year firearm specification was
to be served prior to and consecutive to the other counts.
The trial court ordered that the five years for participating
in a criminal gang be served prior to and consecutive to the
other counts, all of which were to be served concurrently,
for a total sentence of 17 years.
Wimbley appealed his sentence, bringing one assignment of
error for our review.