State v. Shabazz

2011 Ohio 4631

Opinion

[Cite as State v. Shabazz, 2011-Ohio-4631.]

Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 95021

STATE OF OHIO PLAINTIFF-APPELLEE

vs.

KAREEM SHABAZZ

DEFENDANT-APPELLANT

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 Inmate No. 590-579 Toledo Correctional Institution 2001 E. Central Avenue Toledo, OH 43608

ATTORNEYS FOR APPELLEE

William D. Mason Cuyahoga County Prosecutor

BY: T. Allan Regas Assistant County Prosecutor The Justice Center 1200 Ontario Street, 8th Floor Cleveland, OH 44113

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