State v. Carlo Lamarr M. Owens, 01-LW-3606

• Decision Date: 18 September 2001
• Docket Number: 01-LW-3606,00AP-859
• Parties: State of Ohio, Plaintiff-Appellee v. Carlo Lamarr M. Owens, Defendant-Appellant
• Court: Ohio Court of Appeals

State of Ohio, Plaintiff-Appellee v. Carlo Lamarr M. Owens, Defendant-Appellant

No. 00AP-859

01-LW-3606 (10th)

Court of Appeals of Ohio, Tenth District Franklin.

September 18, 2001

APPEAL from the Franklin County Court of Common Pleas.

Ron O'Brien, Prosecuting Attorney, and Steven L. Taylor, for appellee.

Yeura R. Venters, Public Defender, and David L. Strait, for appellant.

OPINION

BRYANT P.J.

Defendant-appellant, Carlo Lamarr M. Owens, appeals from a judgment of the Franklin County Court of Common Pleas sentencing him to maximum, consecutive sentences arising out of his guilty plea to two counts of aggravated murder, five counts of aggravated burglary, and one count of felonious assault.

The facts underlying defendant's appeal are not disputed. By indictment filed February 12, 1999, a Franklin County grand jury charged defendant with twenty-one counts, including: (1) four counts of aggravated murder in violation of R.C 2903.01, with three capital specifications and a firearm specification on each count, (2) five counts of aggravated burglary in violation of R.C. 2911.11, each with a firearm specification, (3) ten counts of aggravated robbery in violation of R.C. 2911.01, each with a firearm specification (4) one count of felonious assault in violation of R.C. 2903.11, with a firearm specification, and (5) one count of carrying a concealed weapon in violation of R.C. 2923.12.

Defendant ultimately entered a guilty plea to: (1) two counts of aggravated murder arising from the death of Patrick Pryor and Loretta Long, each with three capital specifications and a firearm specification, (2) five counts of aggravated burglary, each with a firearm specification, (3) one count of felonious assault, with a firearm specification, and (4) one count of carrying a concealed weapon.

As part of the plea process, the parties submitted a joint sentencing recommendation to the court, which the trial court reviewed with defendant. After evidence, including mitigation evidence, presented by way of stipulation, the trial court sentenced defendant consistent with the joint sentencing recommendation to: (1) two consecutive life without parole sentences on the two aggravated murder charges, plus an additional six years for the two firearm specifications, (2) ten year consecutive sentences on the five counts of aggravated burglary, plus an additional fifteen years for the five firearm specifications, all to be served consecutively to the sentence imposed on all other counts, (3) eight years on the felonious assault charge with an additional three years for the firearm specification, all to be served consecutively to the sentences imposed on all other counts, and (4) an eighteen-month sentence for the weapon under disability charge, again to run consecutively to the sentences imposed on all other counts.

Pursuant to defendant's pro se motion for leave...