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. McClarin

Court of Appeals of Ohio, Eighth District, Cuyahoga

December 26, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
DEANGELO M. MCCLARIN, Defendant-Appellant.

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-18-631858-A

         JUDGMENT: AFFIRMED

          Michael C. O'Malley, Cuyahoga County Prosecuting Attorney, and Denise J. Salerno, Assistant Prosecuting Attorney, for appellee.

          Mark A Stanton, Cuyahoga County Public Defender, and Paul Kuzmins, Assistant Public Defender, for appellant

          JOURNAL ENTRY AND OPINION

          EILEEN T. GALLAGHER, PRESIDING JUDGE

         {¶ 1} Defendant-appellant, Deangelo M. McClarin, appeals his sentence and claims the following two errors:

1. The trial court erred in failing to inquire about exculpatory evidence that was noted by defense counsel but never discussed in detail.
2. Trial counsel was ineffective when he noted that exculpatory evidence existed but never discussed that evidence with the trial court prior to sentencing.

         {¶ 2} We find no merit to the appeal and affirm. Inquiry and discussion at the sentencing hearing regarding the nature and scope of potentially exculpatory evidence was unnecessary since the trial court discovered the evidence during an in camera review of confidential records and was familiar with them.

         I. Facts and Procedural History

         {¶ 3} McClarin was charged with ten counts of rape and four counts of kidnapping. The rape counts all included furthermore clauses pursuant to R.C. 2907.02(A)(1)(b), alleging that each of the four victims were under 13 years of age at the time of the offenses. The kidnapping counts all included sexual motivation specifications, alleging that McClarin committed the offenses with a sexual motivation. The offenses allegedly occurred between June 1, 2018, and July 31, 2018, while the victims were six, seven, nine, and ten years old.

         {¶ 4} During the discovery phase of the case, McClarin filed a subpoena duces tecum and a motion for an in camera inspection of records from the Cuyahoga County Department of Child and Family Services ("CCDCFS"). CCDCFS filed a motion to quash the subpoena with a request for a protective order, or in the alternative, for the trial court to conduct an in camera inspection. The court conducted an in camera review of the records, identified "potentially exculpatory" records, and ordered the state to provide copies of "potentially exculpatory evidence" to McClarin. (Journal entry Dec. 11, 2018.) Thereafter, McClarin pleaded guilty to seven counts of rape with the age enhancements removed. The remaining charges were nolled.

         {¶5} At sentencing, the state reminded the court that, as originally indicted, McClarin was facing a potential life sentence without the possibility of parole if convicted at trial. Pursuant to the plea agreement, McClarin was facing a maximum 77 years in prison, if the court imposed maximum prison terms on every count and ran them consecutively. Rather than ask for a maximum consecutive sentence on all counts, the state recommended "something closer to a maximum consecutive sentence for each child." (Tr. 42.) Each rape conviction carried a maximum 11-year sentence. The state recommended that the court impose a consecutive sentence for each of the four victims for an aggregate 44-year prison term. (Tr. 42.)

         {¶ 6} The court received a victim impact statement from the victims' mother and mitigating statements from McClarin's aunt and trial lawyer. The victims' mother informed the court that she felt betrayed and that she and the children have been "left * * * with trust issues." (Tr. 55.) McClarin's aunt told the court that McClarin was a "father figure" to the victims. McClarin's lawyer stated that McClarin was sorry for ...


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.