Of Contents - Supreme Court of OhioMansfield Correctional Institution 1150 North Main Street Mansfield, Ohio 44901 PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO OHIO REVISED CODE

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IN THE SUPREME COURT OF OHIO

In Re State of Ohio,Shawn Collins, Jr.P.O. Box 7881150 North Main Street

Mansfield, Ohio 44901

Case No.

Petitioner,

vs.

Terry A. Tibbals, WardenMansfield Correctional Institution1150 North Main StreetMansfield, Ohio 44901-

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PETITION FOR WRIT OF HABEASCORPUS I'LrRSIJAN"I' T'tI OnIoREVISED CODE 2725. ET SEQ.

ComplaintHearing Requested

Respondent.

ORIGINAi, PETITION FOR WRIT OF HABEAS CORPUS

FOR PETITIONER

Email: [email protected]

RESPONDENT

Terry A. Tibbles, WardenMansfield Correctional Institution1150 Nnrtli_% 7Yt cA^ ^

Sam I'hoanas, lYl, Esq., (0067848)21403 Chagrin Boulevard, #295Beachwood, Ohio 44122(216) 357-3300 Office(216) 357-3700 Fax(216) 229-1521 DirectE-mail: [email protected]

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AUG 22 ?,,uf^'

CLERK OF COiIR°l°LR.EMECO^(^T OF OHIO

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In Re State of Ohio,Shawn Collins, Jr.P O.13ox 7881150 North Main Street

Mansfield, Ohio 44901

Case No.

Petitioner,

vs.

Terry A. Tibbals, WardenIt'Iansfield, Correctional Institution1150 North Main StreetMansfield, Ohio 44901

PF,TI'i'YON F®R. WRIT OF ^ÂBEASCORPUS PURSUANT TO OHIOREVISED CODE 2725. ET SEQ.


Respondent.

ORIGINAL PETITION FOR WRIT OF HABEAS CORPUS

FOR PETITIONER

Email: samic^st3attorn.ey.com

RESFONDENT

Terry A. Tibbles, WardenMansfield Correctional Institution.1150 North Main StreetMansfield, Ohio 44901

REEMo

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CLERK OF COURTÊMF. COURT OF OHiO

Table Of Contents

Page

Jurisdiction ... ................... ......;............. ..................................................................... 1

Cause of Action . . . ... ......... .....................>................................................................... 2

Law and Argument . . . ............ ..............:........................................................................ 4

Conclusion ... ................................................................................ .............................. 5

APPENDIX:

Exhibit "A" Indictments (5 Pages)

Exhibit "B" Sentencing Entry (1 Page)

Exhibit "C" Journal Entry w/SherifPs Return (I :Page)

Exhibit "D" Sentencing Transcripts (6 Pages)


In Re State of Ohio,Shawn Collins, Jr.P.O. Box 7881150 North Main Street

Man sfield, Ohio 44901

Case No.

Petitioner,

vs.

Terry A. Tibbals, WardenMansfield Correctional Institution1150 North Main StreetMansfield, Ohio 44901

PETITION FOR WRIT OF HABEASCORPUS PURSUANT TO OHIOREVISED CODE 2725. ET SEQ.


Respondent.

ORIGINAL PETITION FOR WRIT OF HABEAS CORPUS

Now comes Shawn Collins, Jr., Petitioner, by and through undersigned counsel, and moves this

Honorable Court, pursuant to Ohio Revised Code §2725 et. seq., for a Writ of Habeas Corpus as set

forth herein below.

JURISDICTION

1. Petitioner has no other remedy at law to raise his claims of: (1) ineffective assistance of trial

counsel; (2) ineffective assistance of appellate counsel; and, (3) that trial court imposed a void

sentence.

2. This Honorable Court has jurisdiction to grant the petition for writ of HABEAS CORPUS

according to Ohio Const. Art. IV, Sec. 2 and R.C. §2725.02, in accordance with State v.

Yarbough, 104 Ohio St.3d 1, 2004 Ohio 6087, 817 N.E.2d 845 and State v. Johnson, 128 Ohio

St.3d 153, 2010 Ohio 6314.

CAUSE OF ACTION

3. Petitioner, a juvenile, was charged with aggravated robbery and felonious assault in

connection with an incident allegedly involving Gerald Henderson and Anthony

Henderson. Following a hearing pursuant to R.D. 2152.12, the matter was

subsequently transferred to the General Division of the Court of Common Pleas,

Defendant was subsequently indicted for three counts of aggravated robbery with one

and three-year firearm specifications and one count of felonious assault with one and

three-year firearm speatcations. Defendant pled not guilty, and the matter proceeded

to a jury trial on January 29, 2007.

4. On February 7, 2007, Petitioner was found guilty of Aggravated Robbery as charged in

Counts 1, 3, and 4 of the indictment, not guilty of Aggravated Robbery as charged in

Count 2 and guilty of Felonious Assault as charged in Count 5 of the indictment.

Subsequently the trial Court immediately proceeded to sentencing rather than ordering

a pre-sentence investigation to determine the appropriateness of an extremely long

prison term for a juvenile. The trial Court then sentenced the Petitioner to 23 years in

prison: (3 years on firearm specifications to be served prior to and consecutive to 5

years on each of Counts 1, 3, 4 and 5.) There was no objection by trial counsel for the

failure to hold a pre-sentence investigation and no objection to the imposition of

consecutive sentences on Counts 1, 3, and 4. (Tr. P, s 610 - 615. )

5. On March 7, 2007, Petitioner, by and through Appellate Counsel, appealed his

conviction. While the consecutive nature of Petitioner's sentence was raised on direct

appeal, the issue raised involved the trial court's failure to document that it considered

the sentencing factors of R.C. §2929.12 in Assignment of Error #9 and the Consecutive

nature of the Aggravated Robbery convictions and Felonious AssauEt convictions were

allied offenses of similar import. The matter that Petitioner's convictions for three

counts of Aggravated Robbery that occurred under the same animus were never

raised. Ohio Law mandates that crimes perpetrated under the same animus must be

merged for sentencing purposes. The judgment of the trial court was affirmed on March

3, 2008. (See: Exhibit 1- Judgment Entry of the Eighth District Court of Appeals dated

March 7, 2007.)

6. On October 26, 2007, Petitioner filed a Motion for Post-Conviction Relief. Again the

matter of the Aggravating Robbery sentences were never raised. This Motion was

again filed by and through counsel. This Motion was summarily denied without a

hearing. This Motion was never appealed.(See: Exhibit 2 - Journal Entry denying

Motion for Post-Conviction relief dated December 14, 2007.)

7. Petitioner requested leave to file an Appeal in the Supreme Court of Ohio. This

Honorable Court denied leave on August 1, 2008.(See: Exhibit 3 - Supreme Court of

Ohio denial of Motion for Leave to hear appeal."

8. Petitioner filed a Motion for Leave to file a Motion New Triai on February 4, 2009. This

Motion was denied on May 11, 2009. The issues to be raised in this Motion were never

visited by the Court as the Motion was untimely. (See: Exhibit 4- Journal Entry denying

Motion)

9. Petitioner then filed, pro se, a Motion to Set Aside Sentence on August 28, 2009. Once

again this motion was summarily denied without a hearing and without reaching the

issued raised as the Motion was untimely. (See. Exhibit 5-- Journal Entry dated

September 1, 2009.)

10. Petitioner then attempted, pro se, to reopen his direct appeal on March 28, 2011. This

appeal was dismissed as a duplicate appeal and the issues raised were never

addressed by the court. (See: Exhibit C- Journal Entry denying Motion to vacate or set

aside dated September 1, 2009.)

11. Petitioner now moves this Honorable Court to grant his Petition for a Writ of habeas

Corpus as his sentence is contrary to law and is void ab initio.

LAWAND AliGI1tVIE.NT

THE TRIAL COURT'VIOLATEI3 PETITIONER'S 5TH, 6, AND 14TH CONSTITUTIONALRIGHTS BY SENTENCING PETITIONER TO CONSECUTIVE SENTENCES FORCOUNTS 1, 3, & 4 WHEN THE OFFENSES WERE COMMITTED WITH THE SAMECOURS E(,1F CONDUCT AND ANIMUS AND WERE THEREFORE ALLIED OFFENSESOF SIMILAR IMPOt'''a7;,

12. In State v. Johnson, 128 Ohio St.3d 153, 2010-Ohio-6314, ¶ 44, the Supreme Court

of Ohio held that, in determining whether two offenses are allied offenses of similar

import, "the conduct of the accused must be considered" The court must first

determine "whether it is possible to commit one offense and commit the other with the

same conduct, " and, if so, then "the court must determine whether the offenses were

committed by the same conduct, i.e. 'a single act, committed with a single state of

mind"' (Emphasis sic) Id. at ¶ 48, 49, quoting State v Brown, 119 Ohio St.3d

447, 2008-Ohio-4569, ¶ 50 (Lanzinger, J, concurring). If the same conduct constituted

both offenses, then they must be merged. Johnson at 150. Failure to merge allied

offenses of similar import constitutes plain error, and prejudice exists even where a

defendant's sentences are to run concurrently because "a defendant is prejudiced by

having more convictions than are authorized by law." State v. Underwood, 124 Ohio

St.3d 365, 2616-Ohio-1, ¶ 31.

13. Upon reviewing the transcript from the seE :'r.enf ro hearing, there is no indication that

the trial court considered Johnson and the issue of merger. See State V. Chisholm, 9th

Dist. No. 26007, 2012-Ohio-3932, ¶ 21. When the trial court pronounced Petitioner's

consecutive sentences of five years on the aggravated robbery convictions in Counts

1, 3, and 4,, he did not object to the trial court`s failure to merge these offenses.

However, Petitioner is not precluded from making this argument here, even though no

discussion proceeded below as to "whether the offenses can be and were committed

by the same conduct." See State v. Brautigam, 9th Dist. No. 26134, 2012-Ohio-2599,

¶ 8, citing Underwood at paragraph one of the syllabus, (holding that a defendant may

make an allied offense argument ...!), and Johnson at ¶ 49.

14.1IVhen considering the conduct of Petitioner, as must be done in this case, it is clear

that the offenses were committed in the same course of conduct, at the same time and

with the same animus.

15. R.C. 2941.25 reads as follows: "(A) Vlihere the same conduct by defendant can be

construed to constitute two or more allied offenses of similar import, the indictment or

information may contain counts for all such offenses, but the defendant may be

convicted of only one.

16. The failure of the trial court to follow the mandates of 2941:25 violates Petitioner's

Fifth, Sixth and Fourteenth amendment rights to due process of law and equal

protection.

Conclusion

17. For the reasons set forth above, Petitioner avers that his sentence is illegal ab initio.

That the manner in which his sentences were ordered into execution is repugnant to

the Fifth, Sixth and Fourteenth Amendments of the United States Constitution and

therefore violates Petitioner's Constitutional Rights. Ergo, Petitioner moves this

Honorable Court for a Writ of Habeas Corpus.

Respectfully Submitted,

Sam Thomas IIE, Esq. (0067848)21403 Chagrin Blvd. Suite 295Beachwood, Ohio 44122;216) 229-1521 Cell(216) 357-3300 Office

APPENDIX

Cuyahoga County Common Pleas EXhibit No:

THE STATE OF OHIO A TRUE BILL INDICTMENT FORvs.

SHAWN CAL#.INS

DATE

AGGRAVATED ROBBEFtY R.C. 2911.01 w/cts

THE TERM OF ( CASE NO. I COUNT

September 1, 2006 1 SEPTEMBER OF 2006 1 CR 488472 1 1

The State of Oiil®' CRO6488472-A 42335708

CUYAHOGA COUNTY SS. I Inili 11111111111 II(tl Hlu i^^!! Ilill I1l1111! N1The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THE

NAME AND BY THE AUTHORITY OF THE STATE OF OHIO, Do find and present, that the above named Defendanttsl, an or

about the date of the offense set forth above, in the County of Cuyahoga, unlawfully

did, in attempting or committing a theft offense, as defined in Section 2913.01 of the

Revised Code, or in fleeing immediately after the attempt or offense upon Gerald

Henderson, have a.deadly weapon to-wit: gun/firearm, on or about his person or under his

control and either displayed the weapon, brandished it, indicated that he possessed it, or

used it

iÌREARM sPECIFICATI{}N - 1 YEAR (2941 .141 )

The Grand Jurors further find and specify that the offender had a firearm on or

about his person or under his control while committing the offense.

FIREARM SPECIFICATION - 3 YEARS (2941.145)


about his person or under his control while committing the offense and displayed the

firearm, brandished the firearm, indicated that he possessed the firearm, or used it to

facilitate the offe'nse.

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contra to the form of th statute in such case made and provided, and against the peace and djgnity of the State of Ohio<

'eK

Foreman of the Grand Jury Prosecuting Attorney

666

INDICTMENT - ORIGINAL

0 Cuyahoga County Common Pleas

THE STATE OF OHIOvs.

SHAWN COLLINS

DATE OF OFFENSE

A TRUE BILL INDICTMENT FOR

AGGRAVATED ROBBERY R.C. 2911.01

E TERM CASE NO.


The State of Ohio,CUYAHOGA COUNTY SS`

The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THENAME AND BY THE AUTHORITY OF THE STATE OF OHtq, Do find and present, that the above named Defendant(s), on or

about the date of the offense set forth above, in the County of Cuyahoga, unlawfully


Revised Code, or in fleeing immediately after the attempt or offense upon Gerald Henderson

Anthony Henderson, inflict, or attempt to inflict serious physical harm on Gerald

Henderson

FIREARM SPECIFICATIt3N - 1 YEAR (2941.141)







facilitate the offense.

contrar o the form of the atute in sucnc case made and provided, and against the peace and dignity of the State of Ohio,

Foreman of t e Grand Jury Prosecuting Attorney

568

1NDiCTMENT - ORIGINAL

DATE

* Cuyahoga County Common Pleas 0

THE STATE OF OHIOvs.

A TRUE BILL 4NDlCTMENT FOR

SHAWN COLLINS

THE TERM OF CASE CtO. COUNT


The State of ahio, ss.CUYAHOGA COUNTY

The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THENAME AND BY THE AUTHORiTY OF THE STATE OF OHIO, Do find and present, that the above named Defendant(s), on or

about the date of the offense set forth above, in the County of Cuyahoga, uniawfutly


Revised Code, or in fleeing immediately after the attempt or offense upon Anthony

Henderson, have a deadly weapon to-wit: gun/firearm, on or about his person or under his

control and either displayed the weapon, brandished it, indicated that he possessed it, or

used it

PIREAR4 SPECIF7CATa0N - 1 YEAR (2941.141)








con to the form of th statute in fucft case made and provic{ed, and against the peace and dignity of the State oi Ohio.,

A%6@1ZForeman of the Grand Jury Prosecuting Attorney

068

AGGRAVATED ROBBERY R.C. 2911.01

lNDPCTMENT - ORiCaINAL

° 0 Cuyahoga Ccunty Common Pleas

THE STATE OF OHIO A TRUE BILL (NDIa;TMENT FORvs.

SHAWN COLLINS

OF OFFENSE

AGGRAVATEiJ ROBBERY R.C. 2911.01

THE TERM OF I CASE NO. I COUNT

September 1, 2006 1 SEPTEMBER OF 2006 ( CR 488472 I 4

The State of Ohio, ss.CUYAHOGA COUNTY

The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THENAME AND BY THE AUTHORITY OF THE STATE OF OHIO, Do find and present, that the above named Defendant(s), on orabout the date of the offense set forth above, in the County of Cuyahoga, uniawfuily

did, in attempting or committing a theft offense, as defined in Section 2913,01 of the

Revised Code, or in fleeing immediately after the attempt or offense upon Anthony

Henderson, inflict, or attempt to inflict serious physical harm on Anthony Henderson

FIREARM SPECIFICATION - 1 YEAR (2941.141)








>ô the form of the atute in such case made and provided, and against the peace and digniey of the State of Ohio.

Foreman of the Grand Jury Prosecuting Attorney

868

INDICTMENT - ORIGINAL

^ Cuyahoga County Common Pleas

THE STATE OF OHIO A TRUE BILL INDICTMENT FORvs.

SHAWN COLLINS FELONIOUS ASSAULT R.C. 2903.11

DATE OF OFFENSE ?HE iERM OF T--- CASE Np. COUNT

September 1, 2006 SEPTEMBER OF 2006 CR 488472 5

The State of Ohio, ssCUYAfI(?GA COUNTY

The Jurors of the Grand Jury of the State of Ohio, within and for the body of the County aforesaid, on their oaths, IN THENAME AND BY THE AUTHORITY OF THE STATE OF OHlQ, Do find and present, that the above named Defendant(s), on orabout the date of the offense set forth above, in the County of Cuyahoga, unlawfully

and knowingly did cause or attempt to cause physical harm to Anthony Henderson by means of

a deadly weapon or dangerous ordnance, to-wit: gun/firearm, as defined in Section 2923.11

of the Revised Code

FIRF-ARM SPECIFICATION - 1 YEAR (2941 .141 )

The Grand Jurors further find and specify that the offender had e:firearm on or






facilitate the offense,

contraty o the form of the s tute in such case made and provided, and galnst the peaee and dignity of the 5tate of ®hio.

/41Foreman of the Grand Jury Prosecuting Attorney

668

INaICTMENT - ORIGINAL

I Illlil Illli lllll IIIII f I(il 111111111! {IIII Illl 1111 1 IlII43653432

Exhibilt No:

IN THE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO

THE S"TATE OF OHIOPlaintiff

Case No: CR-06-488472-A

Judge: SHIRLEY STRICKLAND SAFFOLD

SHAWN COLLINSDefendant INDICT: 2911.01 AGGRAVATED ROBBERY /FRM i/FRM3

2911.01 AGGRAVATED ROBBERY /FRM 1 /FRM32911.01 AGGRAVATED ROBBERY lFRM 1/FRM3ADDITIONAL COUNTS.,,

JOTJRNAL ENTRY

DEFENDANT IN COURT WITH COUNSEL MARTIN BAKER. PROSECUTI1tiTG ATTORNEY MICHAEL P. GRA.HAIVIPRESENT.COURT REPORTER PRESENT.THE JURY RETURNS A VERDICT OF GUILTY OF AGGRAVATED ROBBERY 2911.01 -F1. WITH FIREARMSPECIFICATION - t YEAR (2941.141), FIREARM SPECIFICATION - 3 YEARS (2941,145) AS CHARGED IN COUNT(S) 1, 3,4 OF THE 1NDICTMENT.THE JURY RBTURNS A VERDICT OF NOT GUILTY OF AGGRAVATED ROBBERY 2911.01 - WITH FIREARMSPECIFICATION - I YEAR (2941.141), FIREARM SPECIFICATION - 3 YEARS (2941.145) AS CHARGED IN COL'NT(S) 2 OFTHE INDICTMENT,THE JURY RETURNS A VERDICT OF GUILTY OF FELONIOUS ASSAULT 2903.11 - F2 WITH FIREARM SPECIFICATION -1 YEAR (2941.141), FIREARM SPECIFICATION - 3 YEARS (2941.145) AS CHARGED IN COUNT(S) 5 OF THEINDICTMENT.DEFENDANT ADDRESSES THE COURT.THE COURT CONSIDERED ALL REQUIRED FACTORS OF THE LAW.THE COURT FINDS THAT PRISON IS CONSISTENT WITH THE PURPOSE OF R. C. 2929.11.THE COURT IMPOSES A PRISON SENTENCE AT THE LORAIN CORRECTIONAL INSTITUTION OF 23 YEAR(S),(3 YEARS ON FIREARM SPECIFICATIONS TO BE SERVED PRIOR TO AND CONSECUTIVE TO 5 YEARS ON EACH OFCOUNTS 1, 3, 4 AND 5. COUNT TO RUN CONSECUTIVE TO EACH OTHER FOR A TOTAL OF 23 YEARS).POST RELEASE CONTROI. IS PART OF THIS PRISON SENTENCE FOR 5 YEARS FOR THE ABOVE FELONY(S) L'NDERR.C.2967.28.THE DEFENDANT IS ORDERED TO PAY A FINE IN THE SUM OF $ 1,000.00..(250,00 ON EACH OF COU'NTS 1, 3, 4 AND 5 FOR A TOTAL OF $1,000,00).DEFENDANT IS TO PAY COURT COSTS.DEFENDANT REMANDED.SHERIFF ORDERED TO TRANSPORT DEFENDANT SHAWN COLLINS, DOB: 05/11/1990, GENDER: MALE, RACE:BLACK.

02/02/2007CPSAM 02

SENT02/02/200

CNE STATE OF ONEO ^ 1, THE CLERK OF T4L GOUR'C

Cu ^!âqa Count SS. 0FCOMMON FLEAS WtTttiN

y' Y AtdD rOR' A'i COEI4TY,

HEREBYOEP.Ti¢YTHAT'fR'EA° V".AEnf^r:;N^!aTBli Y

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DAY OF^^'û-'r0'^._. A 0 ]n ^

CtI.YAHOGA C:OtaNI"4 Y C;l.Ei?1C,qF COURTS

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THE STATE OF OHIOPlaintiff

SHAWN COLLINSDefandant

Guyehoga County

JOURNAL ENTRY

09i28:45

THE STATE OF (TFf10 ^

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DEFENDANT IN COURT WiTII COUIVSEI, MARTIN [3AKER, PROSECUTING A'I"1'OItNEY MICHAEI:, P. GRAHAMPRESENT.COURT REPORTER PRESENT.THE 3URY RETURNS A VERDICT OF GUILTY OF AGGRAVATED ROBBERY 2911,01 - F I WITH FIREARMSPECIFICA"ITON - 1 YEAR (2941,141), FIREARM SPECIFICATION - 3 YEARS (2941.145) AS CHARGED IN COUNT(S) 1, 3,4 OF THE INDICTMENT,Tl-TE JURY RETURNS A VERDICT OF NOT GUILTY OF AGGRAVATED ROBBERY 2911.01 - WITH FIREARMSPECIFICATION - I YEAR (2941.141), FIREARM SPECIFICATION - 3 YEARS (2941.145) AS CHARGED IN COUNT(S) 2 OFTHE INDICTMENT.THE .I1.lRY RETURNS A VERDICT OF GUILTY OF FELONIOUS ASSAULT 2903.11 - F2 WITii FIREARM SPECIFICATION -I YEAR (2941.141), FIREARM SPECIFICATION - 3 YEARS (2941,145) AS CHARGED IN COUNT(S) 5 OF THFINDICTMENT.DEFENDANT' ADDRESSES THE COURT.THE COURT CONSIDERED ALL REQUIRED FACTORS OF TIiE LAW.THE COURT FINDS THA7' PRISON IS CONSISTENT V+'ITIi TfiE PURPOSE OF R. C. 2929.11,TI-IE COURT IMPOSES A PRISON S$NTENCE AT THE LORAIN COItRECTIONAL LNSTITUTION OF 23 YEAR(S).(3 YEARS ON FIREA:R.M SPECIFICATIONS TO BE SERVED PRIOR TO AND CONSECUTIVE TO 5 YEARS ON EACH OFCOUNTS 1, 3,4 AND 5. COUNT TO RUN CONSECU"fIVE TO EACH OTHER FOR A TOTAL OF 23 YEARS).POST RELEASE CONTROL IS PART OF THIS PRISON SENTENCE.FOR 5 YEARS FOR THE ABOVE FELONY(S) UNDERR<C:2967.28.THE DEFENDANT IS ORDERED TO PAY A FIi IE IN THE SUM OF S 1,000.00.(250.00 ON EACH OF COUNTS 1, 3, 4 AND 5 FOR A TOTAL OF S 1,000.00).DEFENDANT IS TO PAY COURT COSTS.DEEEINDANT REMANDED.SHERIFF ORDERGD TO TRANSPORTDEFENLIANT SHAWN COLLINS, DOB: 05/11/1990, GENDER: MALE, RACE:

t`"BLAîC.

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SFN'C02'02/2007

Case No: CR-06-488472-A

Judge: SHIRLEY STRICKLAND SAFFOLD

INI)1C:T: 2911.01 AGGRAVAl'ED RO86EitY IFRMI lFRMl2911.01 AGGRAVATED ROBBERY /FRh9I lFRFvt32911 .01 AGGRAVATED ROBBERY fFRMi /FRM3ADDITIONAL COUNTS...

1. THE CLERK OF Tr'*:f^(Qti[C,tJMMON , ^ i atuAND FOR SAIu GG

NEFiEBY CEfiTtlr r't $t 1 r AND FOF- C0!1^G 1S TRUL-K AhD CO(^^1 jG^$` ^^n'Gln ri !

N ON FILE IN lefY i.li?':v:F.VATNESS MY tIP h;7 At'i ':Ac. O"r c"s ,iD CQURT T ItISpAYOF wA D 2a^

GL)YAHOGA aUN1'Y CLERK OF COURTS

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I CERTIFY the above ':o be a true copy of the sA ' i ' dJrxdgre:arat iacl Senten,ce t33,vsn under my h rrd and ,seaa^.

ôiE said " L^c,̂ u.rt this ^ day of

UR^^7G^^RAi,D R. FUERST, C1:^'r?^f By13epu t

Pursuaint to.the withxn , order and sentence of the Couact, 2.,, did c8rkey thewithin raamed , to oii,, , a.Ot17

GERALD T. MCPAIIL, Sheriff, By Deputy: Sherif£

Exhibit No:Ifllfll!!IlIIII[Ililllllllll;llllillll^lll((I(III! IlIII -

43653432

IN THE COURT OF COMMON PLEASCUYAHOGA COUNTY, OHIO

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21

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23

24

25

Exhibit NO: ^.D-----^-.--___

611

in this case, we want to express our. appreciation.

THE BAILIFF: Thank you, Judge.

All rise, please.

(Thereupon, the jury'was excused.)

(Thereupon, the following proceedings were

had in open court out of the presence of the jury:)

THE BA.ILIFF:. Be seated.

Uo you want to approach the podium with your

"client?

MR. BAKER: I'm sorry, your Honor?

THE DEPUTY: Approach the podium.

MR. BAKER:. Oh, o kay .

THE COURT: Mr. Collins, the jury of your

peers, having,found you guilty, counaelor, is there

anything that you' d.like to say?

MR o BAKER: . Your Honor, -I know, beside-s the

jury, I know the Court was paying attention.

Obviously, we're disappointed in the verdict. We ° d

like the Court to remember that he is only 16 years

old. He's been punished for what

THE COURT: Wait a second. Before we even

start that, don't start about him being 16. But

before we.even impaneled this jury, I begged you to

talk to the prosecutor because of his delicate age

and try to work something out. They offered him

OFFICIAL COURT REPORTERSCUYAHUGA COUNTY, OHIO

612

id

7

8

9

10

i 11

12

E ;. 13

14

1.5

. - _._ 1.6.

17

18

19

20

21

-22

23

24

25

four years, and you and your client turned it down.

MR. BAKER: Your Honor, that's not correct..

I didn't turn it down. My client, in conjunction

with his mother, turned it down. I don't make the

decision for my clients. They make the decision.

We spent about an hour and a half sitting at'that

table going over all of his rights and rrty

reconmen.dation.

THE COURT: I know one thing. I made a

diligent effort, Iaecause he was 16 years of age,

because of all of the indications far what the facts

niay have been, I made a diligent effort to have.you

talk to the prosecutor. It wa.s a concerted effort

just to get you to talk to the,prosecutor.. Yau carne.

here on trial day and never even.talked to the

prosecutor< You got a 16-year-old charged with five

first degree felonies. You never even talked-to the

prosecutor abaut it. .

MR. BAKERa Your Honor, thates not correct.

THE COURT: Well, you never talked to him.

about any negotiations. So before you put on the

record that he's 16, he's delicate, you know, he's a

young age and all that, I want to be very, very

speca.fi.c. I asked you any number of times to please

talk to the prosecutor because there were

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indications of gang activity, there were- incl.ications

of guns, there were indications of all kinds of

things, and I told you to talk to the prosecutor.

MR. BAKER: Your Honor, if it makes any

difference, my rec -- they asked me my

recommendation. My recommendation was that`he take

the,p2ea bargain. He refused it. That's his

constitutional rigiat.

THE COURT: Oh, sure. That's-true. I'm not

saying that that's not true. You're absolutely

r.i ght .

MR. BAKER: And I want -- the only reason I

mentioned his age, obvio°asly, you're gonna' be

sentencing this man for a period of time. You know

his age. I just wanted to bring it up. I at least

want you to consider his age before you pronounce

your sentence.

THE COURT : Mr. Collins, is the,re arlyth.ihc}

that you'd like to say?

So you want him to be sentenced now?.

_ __..__ _...,..__.... .._. . _:-.:._ .- - _..: _ - ___ ...._._. ._......._ _... _:. _.__..__..:___.._ . ._.:__ ...:... .MR. B.AKER: Yes, your Honor.

THE COURT: Okay. Mr. Collins, is there

anything that you'd like to say? , .

THE DEFENDANT: Yes. I ain't do it.

THE COURT : I'm ---- a j ury of your peers has

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just found you guilty, so we know you did it.

The aggravated robbery in Count No. 1 is a

felony of the first degree --

MR:. GR:AHAM: Yes, your Hanor.

THE COURT: -- or second degree? . '

MR. GRAHAM: First degree.

THE COURT: The felonious assault is a

felony 1 or 2?

MR. GRAHAM: Second degree, your Honor.

THE COURT: So he got convicted of two --

three -- no. One, two, three felony on:es and one

felony 2.

MR.. GRRHAM: That's correct, your Honor.

THE COURT: You know,.I --- anything fuxther

you want to say'3

MR.e._. BAKER-..-..- No,- your I-Ionor.. . .

THE COURTo On each of the felony on.es, the

sentence wi1.1, be the sam.e : 250 and costs, five

years at the Lorain Correctional Institu:tion_

They' ll be eonsecuta.ve.

On the felonious assaults, which is a felony'

of the second degree, the sentence of the Court-is

250 and costs, five years at the Lorain Correctional

Institution. It'll be consecutive, for 20 years.

THE BAILIFF: Judge, we have gun

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specifications on all of them.

THE COLSItT : That 'l1 be plus °three years for -

t,he gun specifications. So it will be 23 years.

THE BAILIFF: Thank you, Judge> -

(Proceedings concluded 3o10 p.m.) -

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C E R T I F I CA T E

I, Deborah L. Kracht, an Official Court

Reporter. for the Court of Common P1eas, Cuyahoga

County, Ohio, do hereby certify that I am employed

as az3. Official Court Reporter, and I took down in

stenotypy all of the proceedings had in'the

above-entitled cause; that I have transcribed my

said stenotype notes into typewritten form, as

appears in the foregoing Transcript of

Proceedings; that said transcript is a complete

record of the proceedings had in the said cause,

and constitutes a true and correct Transcript of

Proceedings had therein.

De ora L: KrachtOtticial. Court ReporterCuyahoga County, Ohio '

OFFICIAL COURT REPORTERSCUYAHOGA COUNTY, OHIO

Documents

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