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. Norman

Court of Appeals of Ohio, Eighth District, Cuyahoga

June 6, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
HENRY NORMAN, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas No. CR-18-625443-B

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Kevin Bringman, Assistant Prosecuting Attorney, /or appellee.

          Russell S. Bensing, /or appellant.

          JOURNAL ENTRY AND OPINION

          RAYMOND C. HEADEN, J.

         {¶ 1} Defendant-appellant Henry Norman ("Norman") appeals from his conviction following a jury trial. For the reasons that follow, we affirm.

         Procedural and Substantive History

         {¶ 2} This appeal stems from an armed robbery that occurred on January 23, 2018. On February 2, 2018, the Cuyahoga County Grand Jury indicted Norman and his codefendant Jamuall Jones ("Jones") on one count of aggravated robbery in violation of R.C. 2911.01(A)(1) with a one-year firearm specification, a three-year firearm specification, and two forfeiture specifications.

         {¶ 3} On June 26, 2018, the state placed a plea offer on the record whereby Norman would plead guilty to an amended count of robbery with a three-year firearm specification. Norman rejected this offer and the matter proceeded to a jury trial that began on July 16, 2018. Jones accepted a plea deal where he pleaded guilty to an amended count of robbery with forfeiture specifications and agreed to testify against Norman at trial.

         {¶ 4} On the date of the incident, the victim, Travis Penland ("Penland") lived in a house at 3607 West 104th Street in Cleveland, Ohio, with his fiancée and two young children. Penland was sick with the flu and had returned home from work and taken a shower. Around 8:40 that night, he went out to his car to retrieve medication he had left there. The car, a 2005 Lexus GS-300, was parked in the street directly in front of Penland's house. After Penland had retrieved the medication from his car and turned to walk back to his house, he was approached from behind by a man with a gun. Penland saw a gun pointed at him and testified that he saw a man wearing black sweatpants, a grey hoodie, and a mask covering his face. Penland also testified that he heard the man telling him to get on the ground. He obeyed, getting on the ground and throwing his car keys and medication onto the ground. The man told Penland to stay on the ground, retrieved the car keys, and then left. Penland took this opportunity to run into his house and call the police. At trial, the state called Penland as its first witness. During direct examination of Penland, he relayed the foregoing version of events. He also testified that the gun used during the robbery was black and silver. The state subsequently introduced a black and silver gun into evidence without objection from Norman's counsel.

         {¶5} The state also called Javier Vargas ("Vargas"), one of Penland's neighbors as a witness. Vargas testified that he came home from work on January 23, at around 8 p.m., and received a call from another neighbor he identified as Ms. Johnson. The following exchange occurred during direct examination of Vargas:

PROSECUTION: Could you tell anything about her voice when you answered the phone?
VARGAS: A little nervous, edgy.
PROSECUTION: Did that - did her voice sound different than ...

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.