FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2016-07-2472
P. AGARWAL, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO, JUDGE
Defendant-Appellant, Brandon Greene, appeals from his
convictions in the Summit County Court of Common Pleas. This
Court affirms in part and reverses in part.
Mr. Greene is the cousin of C.G., the victim in this matter.
One Sunday morning, C.G. drove to the house of Mr.
Greene's mother (i.e., C.G.'s aunt) to speak with her
about a familial matter. The two had engaged in a heated
exchange several days earlier when C.G. had accused his other
aunt, R.G., of pilfering items from his deceased father's
house. On his Sunday morning visit, C.G. intended to address
the disagreement and clear the air in light of his
father's impending funeral.
Mr. Greene's mother was standing in her garage when C.G.
arrived, parked his car at the bottom of her driveway, and
walked up to her. The two spoke briefly with accounts varying
as to whether their exchange was peaceful. At its conclusion,
C.G. turned to leave and began walking back to his car. He
stopped partway, however, because Mr. Greene emerged from the
house and confronted him. Accounts varied with respect to who
was present for their exchange. According to C.G., Mr. Greene
was accompanied by his aunt, R.G., and his ex-girlfriend,
B.W. Others indicated that B.W. remained in the house during
As a result of the confrontation between Mr. Greene and C.G.,
C.G. sustained a gunshot wound to his abdomen and fell to the
ground. C.G. testified at trial that Mr. Greene shot him.
Likewise, while receiving treatment at the hospital, he told
several different police officers that Mr. Greene had shot
him. He admitted, however, that in between the time of his
initial identification and his trial testimony to the same
effect, he changed his statement and told the
prosecutor's office that R.G. had shot him. By that point
in time, R.G. had passed away, and other members of their
family, including Mr. Greene's mother, were claiming that
R.G. had shot C.G. When naming Mr. Greene as the shooter at
trial, C.G. indicated that he was hesitant to implicate his
cousin, but had decided to be truthful in the end.
C.G. did not see what happened to the gun that Mr. Greene
used to shoot him, but a nearby neighbor saw what happened
after the gunshot rang out. Specifically, the neighbor called
911 and reported that he saw a black male crawling on the
ground and a second black male with a gun. He then saw a
black female in a long-sleeve gray shirt take the gun from
the second black male, run into the backyard, and hide the
gun. When the police investigated the wooded area at the back
of the property, they found the gun used to shoot C.G. There
was testimony that Mr. Greene's ex-girlfriend, B.W.,
matched the description of the female that the neighbor saw
hiding the gun.
A grand jury indicted Mr. Greene on two counts of felonious
assault and one count of having a weapon under disability.
Both felonious assault counts also carried an attendant
firearm specification and a repeat violent offender
specification. A jury heard all of Mr. Greene's charges
and specifications with the exception of his repeat violent
offender specifications. Mr. Greene elected to try those
specifications to the bench. Accordingly, after the jury
found him guilty on all counts, the court heard evidence on
the repeat violent offender specifications. The court then
found that Mr. Greene was a repeat violent offender.
The court determined that Mr. Greene's felonious assault
counts, as well as the specifications linked to those counts,
were allied offenses of similar import. Consequently, it
merged his felonious assault counts and their attendant
specifications for purposes of sentencing. The court then
sentenced Mr. Greene to a total of 15 years in prison.
Mr. Greene now appeals from his convictions and raises two