Court of Appeals of Ohio, Eleventh District, Trumbull
Criminal Appeal from the Trumbull County Court of Common
Pleas. Case No. 2013 CR 00775.
Watkins, Trumbull County Prosecutor, and Ashleigh Musick,
Assistant Prosecutor, Administration Building, (For
Stephen A. Turner, Turner, May & Shepherd, (For
TIMOTHY P. CANNON, J.
Appellant, Maurice Moore, appeals from the judgment of
conviction entered in the Trumbull County Court of Common
Pleas pursuant to a jury verdict finding him guilty of
Burglary, a felony of the second degree, in violation of R.C.
2911.12(A)(2). The trial court sentenced Moore to a prison
term of eight years and ordered him to pay restitution in the
amount of $1, 000.00, as well as the costs of prosecution. We
affirm the trial court's judgment.
The facts and procedure for this matter have previously been
stated in State v. Moore, 11th Dist. Trumbull No.
2015-T-0072, 2017-Ohio-7024 ("Moore I ")
and State v. Moore, 11th Dist. Trumbull No.
2017-T-0104, 2018-Ohio-1773 ("Moore II").
They are restated here as follows:
On June 21, 2012, the home of Moore's ex-girlfriend, Pam
Valentino, was broken into. Ms. Valentino was not home during
the break-in. To gain access into the home, a front window
was broken and the door was kicked in, which shattered the
When Ms. Valentino arrived home, she noticed her television
was missing and the window next to the door was broken. As
she looked around her house, she noticed other things
missing, along with droplets of blood all through her home.
Ms. Valentino called the police.
Ms. Valentino was visibly upset when police arrived. The
police created a report of the incident. Various items had
been stolen from Ms. Valentino's home, including a
Magnavox television, a Blu-ray player, DVDs, a stereo, a
camera, a laptop, a leather jacket, and a police scanner. The
perpetrator left a trail of blood throughout the house.
Police took two samples of blood from the home, one from the
floor and the other from the doorknob. The blood samples were
secured, sealed, initialed, and logged as evidence. The blood
samples were sent to the Bureau of Criminal Investigation
("BCI"), where the samples were run through the
Combined DNA Index System ("CODIS") for comparison.
Police received notification from BCI that CODIS revealed a
preliminary match between the DNA in the blood samples sent
from Ms. Valentino's home and Moore's DNA. In
addition, the preliminary match was corroborated through
Based on the letter from BCI, police obtained a search
warrant for Moore's DNA. In executing the warrant, police
collected buccal swabs from the inside of each of Moore's
cheeks. Those swabs were sent to BCI, which confirmed the
Moore was indicted by the grand jury in the Trumbull County
Court of Common Pleas on one count of Burglary, a felony of
the second degree, in violation of R.C. 2911.12(A)(2). Moore
entered a plea of not guilty.
On January 23, 2014, Moore executed a Crim.R. 44(C) waiver of
his right to counsel. The court appointed stand-by counsel.
Subsequently, Moore filed several pro se motions and attended
pretrial hearings on February 6, March 6, and March 13, 2014.
Moore was incarcerated in Summit County on other charges from
April 2014 until March 2015. Moore filed additional pro se
motions and attended pretrial hearings on February 26, March
19, and May 7, 2015.
The case proceeded to jury trial on June 1, 2015. On June 2,
2015, the jury found Moore guilty of Burglary, a felony of
the second degree. Moore was sentenced on June 10, 2015, to
eight years in prison "to be served consecutively to any
other sentences imposed upon the Defendant by any other
court." After considering Moore's ability to pay,
the court ordered Moore to pay $1, 000.00 in restitution
requested by the victim. The court additionally stated the
cost of prosecution was assessed to Moore, and the trial
judge waived Moore's fines due to Moore's indigence.
Moore did not request a waiver of his court costs at the
Thereafter, Moore filed a pro se appeal from the trial
court's sentencing entry in Moore I. In that
appeal, we determined the trial court failed to make all the
findings necessary for the imposition of consecutive
sentences under R.C. 2929.14(C)(4) at the sentencing hearing.
Moore I, supra, at ¶52-53. We further held that
when imposing a sentence consecutive to another sentence
currently being served, the record should clearly reflect the
nature and extent of the sentence being served in order for
the trial court to properly assess the factors set forth in
R.C. 2929.14(C)(4)(a), (b), and (c). Id. at
¶55. We remanded the matter to the trial court for
resentencing. Id. at ¶56.
On remand, the trial court did not hold a resentencing
hearing. It instead entered a nunc pro tunc sentencing entry.
The entry stated that Moore was sentenced to eight years in
prison "to be served consecutively to the sentence
imposed in Summit County Common Pleas Court Case No.
2013-07-1818." The nature and extent of the Summit
County sentence was not discernable from the record. On
October 31, 2017, Moore filed a motion objecting to the nunc
pro tunc entry. The trial court did not rule on that motion.
Moore II, supra, at ¶6.
Moore filed a second pro se notice of appeal (Moore
II). The basis of the appeal was that it was error to
remedy the sentencing through a nunc pro tunc entry. The
state did not oppose the appeal with an opposing brief.
Id. at ¶7. In that appeal, we reversed and
remanded for the trial court to resentence Moore ...