State v. Young

[Cite as State v. Young, 2022-Ohio-3132.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO, : Plaintiff-Appellee/ Cross-Appellant, : No. 110973 v. : KIARAN YOUNG, : Defendant-Appellant/ Cross-Appellee. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED AND REMANDED RELEASED AND JOURNALIZED: September 8, 2022 Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-17-624427-B Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, Kerry A. Sowul, Gregory Ochocki, and Ryan Bokoch, Assistant Prosecuting Attorneys, for appellee. Cullen Sweeney, Cuyahoga County Public Defender, and Aaron T. Baker, Assistant Public Defender, for appellant. FRANK DANIEL CELEBREZZE, III, P.J.: Appellant Kiaran Young (“appellant”) appeals his convictions and sentencing by the Cuyahoga County Court of Common Pleas. After a thorough review of the applicable law and facts, we affirm appellant’s convictions but remand the case to the trial court to recalculate appellant’s jail-time credit. I. Factual and Procedural History This appeal arises from a series of crimes committed by appellant and four codefendants in October and November 2016. The first incident occurred on October 12, 2016, and involved the theft of a motor vehicle. Orokya Ouedrago was stopped for gas at a Shell gas station on the corner of Lee and Harvard Roads. She went inside the station to pay and left her keys inside her 2014 black Ford Focus. When she returned to the vehicle, she saw a light-skinned black male with dreadlocks enter and drive away in her vehicle. Ms. Ouedrago reported the car as stolen to Cleveland police and later identified appellant from a photo lineup. Her vehicle was recovered, and clothing in the vehicle contained appellant’s DNA. The next incident involved a carjacking, which occurred on October 31, 2016. Shavanna Wesley was driving to the Walmart at the Steelyard Commons and was traveling down Miles Road. At the time, she was driving a 2016 silver Ford Escape, which was a rental car. As she was driving, a car, which she described as smaller, “like a Ford or something,” which may have been black, bumped her vehicle from behind. She got out to observe the damage, leaving the keys in the vehicle and the Ford Escape running. Wesley testified that appellant was the driver of the vehicle that hit her, and a second, darker skinned man got out and put a gun to her face and said, “I need that.” The man then got into her Ford Escape, and both vehicles drove away. She walked to a nearby convenience store and called the police from her cell phone. Ms. Wesley’s vehicle was recovered a week later. The license plates from the rental company had been replaced with plates registered to appellant’s grandmother. Ms. Wesley was unable to identify appellant from photo arrays provided to her by detectives. However, during her testimony, she was asked if she saw the driver of the vehicle that hit her in the courtroom. She stated that she did and described what he was wearing — a black shirt, blue mask, …

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