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State v. Shabazz

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Sep 14, 2011
2011 Ohio 4631 (Ohio Ct. App. 2011)

Opinion

No. 95021

09-14-2011

STATE OF OHIO PLAINTIFF-APPELLEE v. KAREEM SHABAZZ DEFENDANT-APPELLANT

FOR APPELLANT Kareem Shabazz, Pro Se ATTORNEYS FOR APPELLEE William D. Mason Cuyahoga County Prosecutor BY: T. Allan Regas Assistant County Prosecutor


JOURNAL ENTRY AND OPINION


JUDGMENT: APPLICATION DENIED


Cuyahoga County Common Pleas Court

Case No. CR-532608

Application for Reopening

Motion No. 446745

RELEASE DATE: September 14, 2011

FOR APPELLANT

Kareem Shabazz, Pro Se

ATTORNEYS FOR APPELLEE

William D. Mason

Cuyahoga County Prosecutor

BY: T. Allan Regas

Assistant County Prosecutor
MELODY J. STEWART, P.J.:

{¶ 1} On August 9, 2011, the applicant, Kareem Shabazz, pursuant to App.R. 26(B), applied to reopen this court's judgment in State v. Kareem Shabazz, 8th Dist. No. 95021, in which this court affirmed Shabazz's convictions for receiving stolen property and having a weapon under disability. Shabazz argues that his appellate counsel was ineffective for failing to argue that his conviction for having a weapon under disability was obtained on insufficient evidence. For the following reason, this court denies the application to reopen.

{¶ 2} The Grand Jury indicted Shabazz and a codefendant, David Merritt, on various counts arising from a burglary of a home in Maple Heights, Ohio and a robbery of a Dollar General store in the same city; both events occurred on April 21, 2009. The indictments against Shabazz included a count of receiving stolen property from the burglary and having a weapon under disability from the robbery. Shabazz elected to have the trial judge try the weapon charge and a jury the other charges.

{¶ 3} The evidence at trial showed that various items, including rare coins, were stolen from the home. On April 22, 2009, Shabazz tried to sell some of the rare coins to the Bedford Jewelry and Coin store. Because the owner of the coins had told the shop owner of the burglary, the shop owner was able to alert the police who came and arrested Shabazz. A subsequent inventory search of Shabazz's car revealed other items that had been stolen from the home.

{¶ 4} Merritt agreed to testify against Shabazz in exchange for a total prison sentence of 18 months. He testified that Shabazz had enlisted his help to rob a store and that Shabazz gave him a shotgun which they used during the robbery of the Dollar General store.

{¶ 5} The jury found Shabazz guilty of one count of receiving stolen property and found him not guilty of all other charges. The judge found him guilty of having a weapon under disability.

{¶ 6} On appeal, Shabazz argued speedy trial and manifest weight of the evidence errors. This court rejected both arguments. On the weapons charge, this court reasoned as follows: "As it relates to Shabazz's conviction for having weapons while under disability, regardless of whether Merritt's overall testimony was suspicious, the trial court at least believed Merritt's testimony that Shabazz had a shotgun and gave it to him to use in the robbery. *** (Citation omitted.) This possession by Shabazz is enough to convict him of having a weapon while under disability." ¶51.

{¶ 7} This ruling answers Shabazz's contention that there was insufficient evidence. Generally, "a finding that a conviction was supported by the manifest weight of the evidence necessarily includes a finding of sufficiency." State v. Peterson, 8th Dist. No. 88248, 2007-Ohio-5712, ¶19; State v. Thompson, 78 Ohio St.3d 380, 388, 1997-Ohio-52, 678 N.E.2d 541; and State v. Krzywkowski, 8th Dist. No. 80392, 2002-Ohio-4438, reopening disallowed, 2003-Ohio-3209, ¶16. Therefore, this court has already ruled that there was sufficient evidence to convict Shabazz on the weapon under disability charge, and his appellate counsel was not ineffective for not raising the issue.

{¶ 8} Accordingly, this court denies the application to reopen.

MELODY J. STEWART, PRESIDING JUDGE

KENNETH A. ROCCO, J., and KATHLEEN ANN KEOUGH, J., CONCUR


Summaries of

State v. Shabazz

Court of Appeals of Ohio, Eighth District, Cuyahoga County
Sep 14, 2011
2011 Ohio 4631 (Ohio Ct. App. 2011)
Case details for

State v. Shabazz

Case Details

Full title:State of Ohio, Plaintiff-Appellee, v. Kareem Shabazz, Defendant-Appellant

Court:Court of Appeals of Ohio, Eighth District, Cuyahoga County

Date published: Sep 14, 2011

Citations

2011 Ohio 4631 (Ohio Ct. App. 2011)