Opinion
No. 102154
06-18-2015
STATE OF OHIO PLAINTIFF-APPELLEE v. ARIF MAJID DEFENDANT-APPELLANT
FOR APPELLANT Arif Majid, pro se Inmate No. 492-322 5701 Burnet Rd. P.O. Box 901 Leavittsburg, OH 44430 ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor By: Amy Venesile Assistant County Prosecutor 9th Floor, Justice Center 1200 Ontario Street Cleveland, OH 44113
JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-05-474447-A
BEFORE: McCormack, J., Kilbane, P.J., and Boyle, J.
FOR APPELLANT
Arif Majid, pro se
Inmate No. 492-322
5701 Burnet Rd.
P.O. Box 901
Leavittsburg, OH 44430
ATTORNEYS FOR APPELLEE
Timothy J. McGinty
Cuyahoga County Prosecutor
By: Amy Venesile
Assistant County Prosecutor
9th Floor, Justice Center
1200 Ontario Street
Cleveland, OH 44113
TIM McCORMACK, J.:
{¶1} Defendant-appellant, Arif Majid, appeals the trial court's judgment denying Majid a transcript of his resentencing at public expense.
{¶2} Majid was convicted in 2007 of numerous charges, including murder and mass murder, and sentenced to a cumulative prison term of 43 years to life. In June 2009, this court reversed Majid's convictions and remanded for a new trial due to jury misconduct in State v. Majid, 182 Ohio App.3d 730, 2009-Ohio-3075, 914 N.E.2d 1113, ¶ 33 (8th Dist.). In May 2011, upon retrial, Majid was convicted of murder and attempted murder, with firearm specifications, as well as having weapons under disability. He was sentenced once again to a cumulative prison term of 43 years to life. In March 2012, on appeal, this court affirmed the judgment in part, reversed in part, and remanded to the trial court for the limited purpose of resentencing as to each of the firearm specifications in State v. Majid, 8th Dist. Cuyahoga No. 96855, 2012-Ohio-1192. Majid was resentenced on December 20, 2012, and he did not appeal his resentencing.
{¶3} On September 4, 2014, Majid filed a motion for preparation of a complete transcript of resentencing proceedings at the state's expense, claiming the trial court did not adhere to this court's order upon remand. The trial court denied Majid's motion. Majid appealed the trial court's denial of his motion, claiming he was denied fair and impartial trial proceedings when, as an indigent defendant, he was denied the record and transcripts of the December 2012 resentencing.
{¶4} Initially, we note that the trial court's denial of a motion for a transcript at the public's expense is a final, appealable order. State v. Clark, 2d Dist. Clark No. 97CA27, 1998 Ohio App. LEXIS 2695 (June 19, 1998), citing State v. Tripodo, 50 Ohio St.2d 124, 127, 363 N.E.2d 719 (1977).
{¶5} An indigent prisoner is entitled to relevant portions of a transcript upon appeal or in seeking postconviction relief. State ex rel. Partee v. McMahon, 175 Ohio St. 243, 193 N.E.2d 266 (1963). This right, however, is subject to certain limitations. The appeal or postconviction action must be presently pending before a court. State v. Bayles, 8th Dist. Cuyahoga No. 88094, 2007-Ohio-1008, ¶ 9, citing State ex rel. Murr v. Thierry, 34 Ohio St.3d 45, 517 N.E.2d 226 (1987).
{¶6} Here, Majid was resentenced in December 2012. Majid's time for filing a direct appeal of his resentencing has long expired, and he presently has no postconviction action pending in a court. Majid is therefore not entitled to a transcript of the resentencing hearing at public expense.
{¶7} Majid's assignment of error is overruled.
{¶8} Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. /s/_________
TIM McCORMACK, JUDGE
MARY EILEEN KILBANE, P.J., and
MARY J. BOYLE, J., CONCUR