Court of Appeals of Ohio, Seventh District, Mahoning
Criminal Appeal from the Court of Common Pleas of Mahoning
County, Ohio Case No. 2013 CR 380 (E)
J. Gains, Mahoning County Prosecutor and Ralph M. Rivera,
Assistant Prosecuting Attorney, for Plaintiff-Appellee
T. Madison, for Defendant-Appellant
BEFORE: Cheryl L. Waite, Gene Donofrio, Carol Ann Robb,
OPINION AND JUDGMENT ENTRY
Appellant Nahdia S. Baker appeals a February 9, 2018 Mahoning
County Court of Common Pleas judgment entry denying her
motion to dismiss criminal charges based on double jeopardy
and issue preclusion arguments. Appellant argues that since
the jury acquitted her of all charges as the principal
offender, the state cannot retry her on the same charges
under a complicity theory. For the reasons that follow,
Appellant's arguments are without merit and the judgment
of the trial court is affirmed.
and Procedural History
On May 21, 2015, Appellant was indicted on: one count of
aggravated arson, a felony of the second degree in violation
of R.C. 2902.02(A)(2), (B)(1)(3); one count of arson, a
felony of the fourth degree in violation of R.C.
2909.03(A)(1), (B)(1)(2)(b); two counts of discharging a
firearm at or into a habitation, a felony of the second
degree in violation of R.C. 2923.161(A)(1), (C); three counts
of attempted murder, a felony of the first degree in
violation of R.C. 2923.02(A) and R.C. 2903.02(A), (D); three
counts of felonious assault, a felony of the second degree in
violation of R.C. 2903.11(A)(2), (D); and engaging in a
pattern of corrupt activity, a felony of the first degree in
violation of R.C. 2923.32(A)(1), (B).
The charges arose from crimes that occurred in furtherance of
a drug distribution organization. Appellant was indicted
along with her codefendants: DeWaylyn Colvin, Michael L.
Austin, Jr., Hakeem D. Henderson, Vincent D. Moorer, and
Melvin E. Johnson. Colvin pleaded guilty and did not appeal
his convictions. We upheld the convictions of Austin,
Henderson, Moorer, and Johnson. See State v. Austin,
7th Dist. Mahoning No. 16 MA 0068, 2019-Ohio-1185; State
v. Henderson, 2018-Ohio-5124, -N.E.3d -- (7th Dist.);
State v. Moorer, 7th Dist. Mahoning No. 17 MA 0054,
2019-Ohio-1090; State v. Johnson, 7th Dist. Mahoning
No. 17 MA 0050, 2019-Ohio-1089. Appellant's trial was
severed from her codefendants' trials.
On October 2, 2017, Appellant's jury trial commenced. On
October 12, 2017, Appellant was found not guilty of:
aggravated arson, complicity to commit aggravated arson,
arson, two counts of discharging a firearm at or into
habitation, three counts of attempted murder, two counts of
complicity to commit attempted murder, three counts of
felonious assault, and two counts of complicity to commit
The jury could not reach a verdict on: complicity to commit
arson, two counts of complicity to improperly discharge a
firearm at or into a habitation, two counts of discharging a
firearm at or into habitation, complicity to commit attempted
murder, complicity to commit felonious assault, and engaging
in a pattern of corrupt activity. The trial court deemed a
mistrial as to these charges.
The state refiled the latter charges, on which the court had
granted mistrial. Appellant filed multiple motions to dismiss
these charges. The trial court most recently denied
Appellant's February 9, 2018 motion to dismiss. It is
from this judgment entry that Appellant timely appeals.
TRIAL COURT ERRED WHEN IT DID NOT FIND THAT THE ISSUE
PRECLUSION COMPONENT OF THE DOUBLE JEOPARDY CLAUSE BARRED A
SECOND CONTEST OF AN ISSUE OF FACT OR LAW ...