State v. Hagwood

[Cite as State v. Hagwood, 2026-Ohio-2564.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

LAKE COUNTY

STATE OF OHIO, CASE NO. 2025-L-113

Plaintiff-Appellee,

Criminal Appeal from the

- vs - Court of Common Pleas

KING ISAIAH HAGWOOD, JR.,

Trial Court No. 2025 CR 000497

Defendant-Appellant.

OPINION AND JUDGMENT ENTRY

Decided: July 6, 2026

Judgment: Affirmed in part, reversed in part, and remanded

Charles E. Coulson, Lake County Prosecutor, and Teri R. Daniel, Assistant Prosecutor, Lake County Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH 44077 (For Plaintiff-Appellee).

Paul M. Kelley, 44 Nancy Avenue, Akron, OH 44319 (For Defendant-Appellant).

EUGENE A. LUCCI, J.

{¶1} Appellant, King Isaiah Hagwood, Jr., appeals the judgment of the Lake

County Court of Common Pleas, after a trial to the bench, convicting him of aggravated

robbery and receiving stolen property, with several firearm specifications. Mr. Hagwood

was sentenced to an indefinite, aggregate term of 11 to 13 years. Mr. Hagwood

challenges various issues, including the sufficiency and weight of the evidence; the

admissibility of certain evidence; trial counsel’s effectiveness; as well as the trial court’s

eventual sentence. We affirm in part, reverse in part, and remand for the limited purpose

of the trial court to correct a basic aspect of Mr. Hagwood’s sentence.

I. Substantive Facts and Procedural Posture

{¶2} On July 3, 2024, at approximately 3:30 p.m., Nicholas Northup was driving

a 2021 red Ford Explorer SUV in Shaker Heights, Cuyahoga County, Ohio. A gold sedan

in front of Mr. Northup stopped next to a parked vehicle blocking the Explorer. A hooded

individual with a medical mask exited the passenger side of the gold sedan. He pointed

a silver handgun at Mr. Northup and demanded he surrender the Explorer. Mr. Northup

complied, and he was advised to lay on the ground, count to 100, and not to look back.

{¶3} After the incident, because his cell phone was still in the Explorer, Mr.

Northup walked to a nearby house and called police. Once police arrived, Mr. Northup

advised officers that his assailant was a black male, wearing a black hood, with a surgical

mask. He also stated the male had dreadlocks approximately 10-inches long. Officers

obtained information relating to the color, make, and model of the SUV. They also

obtained the license-plate number. A “be-on-the-lookout” (“BOLO”) was issued for the

stolen vehicle.

{¶4} At approximately 8 p.m. on July 3, 2024, Beena Bandwalker was in her

vehicle, in the parking lot of her apartment complex (located in Willoughby Hills, Lake

County, Ohio), waiting for a FedEx delivery. Two men approached the driver’s side of her

car from behind and demanded her keys and phone. Although frightened, she did not

comply. One of the men made a second demand and brandished a handgun from his

waistband. He held the firearm to Ms. Bandwalker’s head, but a red SUV appeared, and

a person in the driver’s side of that vehicle yelled “let’s go, let’s go.” The men retreated to

the SUV which sped off without Ms. Bandwalker’s belongings.

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{¶5} Ms. Bandwalker immediately alerted the security officer patrolling her

apartment complex, who notified police of the incident. Ms. Bandwalker described the

man with the firearm as an African American male, with dreadlocks, and a hoodie. She

indicated the suspect had a medium to slim build and appeared to be between 20-25

years old. Although she stated she was not generally familiar with firearms, the handgun

the suspect brandished was a “silver-gray looking gun.” Ms. Bandwalker was shown a

photo array and identified Mr. Hagwood with 80-85 percent certainty. Mr. Hagwood was

18 years old at the time of the incident(s).1

{¶6} Flock cameras around Ms. Bandwalker’s apartment complex recorded the

vehicle she described entering the complex at 8:03 p.m. and exiting at 8:06 p.m. Lake

County Sheriff Sergeant Sarah McCulloug, stated: “The Flock system is a web based

program that we get alerts from that send[s] us . . . with warrants, stolen vehicles, stolen

license plate, missing people that will alert us. We can also utilize that in searching for

license plates that were given to see if we can find, locate a vehicle.”

{¶7} Sergeant McCulloug pointed out that the information is sent through LEADS

(Law Enforcement Automated Data System) and “hits” on cameras in the Flock system

to alert, inter alia, if a stolen vehicle has been potentially identified. The license plate on

the vehicle matched the plate number of the SUV stolen from Mr. Northup earlier that day.

{¶8} Shaker Heights Detective Volodymyr Savka stated that, after receiving the

BOLO, he responded to reports of “pinging” from Mr. Northup’s phone. Detective Savka

stated that “pinging” referred to the location of a cell phone in a particular location.

According to the detective, Mr. Northup was using “an iPhone app to locate his phone.”

1. The underlying matter pertains only to the specific crimes committed in Lake County, Ohio.

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He noted that the pinging was traced to a location “going in the westbound direction” into

Cleveland. Shaker Heights officers ultimately recovered Mr. Northup’s phone. It is unclear

whether the phone was discarded or found in Mr. Northup’s Explorer.

{¶9} In the early hours of July 4, 2024, the Explorer was found traveling in

Cleveland, Ohio. Officer Jeremiah Jones, a patrolman for the Cleveland Police

Department, stated he received a BOLO from Shaker Heights Police Department. Officer

Jones asserted: “They advised us there was a red Ford SUV that was stolen out of their

city as an aggravated robbery indicating that it was done violently and they just wanted

to make us aware that it was last seen heading into our city.” Officer Jones and his partner

observed a red Ford Explorer SUV matching the description and confirmed that the

license plate number was registered to Mr. Northrup’s vehicle.

{¶10} The Cleveland officers initiated a pursuit. Ultimately, the passenger in the

vehicle left (or “bailed”) the vehicle and was apprehended. The driver of the vehicle left

the vehicle as well, leaving the SUV still in “drive.” Officer Jones observed, “we heard that

the passenger of a vehicle had bailed and had been quickly apprehended and detained.

The driver of the vehicle then fled from the driver’s side and continued running westbound

towards where we were at.” As a result, the officer observed “a black male[,] black

hoodie[,] black pants running westbound from the vehicle that’s when me and my partner

then engaged in a foot pursuit.”

{¶11} Officer Jones noted that his partner chased an individual whom he caught.

Officer Jones’ partner radioed that he had the male at gunpoint. Officer Jones located his

partner who was in the process of arresting an individual later identified as Mr. Hagwood.

Officer Jones identified Mr. Hagwood in court and also stated he found a black hoodie

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approximately 15 feet away from the suspect. Officer Jones repeatedly stated that

throughout the arrest process as well as the booking or “intake” process, he did not

observe any tattoos on Mr. Hagwood.

{¶12} Seth Dodson, a public-safety-intelligence analyst for the Ohio State

Highway Patrol Intelligence Unit, reviewed the cell phone and geo-location data analysis

provided by AT&T, Mr. Hagwood’s cell phone carrier. Mr. Dodson stated he is a “subject

matter expert” in this area (referred to as Trax) and, since 2017, has been involved in

“well over 300” cases relating to geo-location records analysis. Trax is a program created

to trace separate phone records provided by cell-phone providers—in this case, AT&T.

{¶13} Mr. Dodson observed that he received the certificate of authenticity of the

records from AT&T. No objection was made to the introduction of these records or to Mr.

Dodson’s eventual analysis of the same.

{¶14} Mr. Dodson received data from AT&T which provided the name of the

person on the account, the phone number, and the subscriber’s address. This data

matched Mr. Hagwood’s device. The data also allowed Mr. Dodson to review the locations

assigned to the phone during particular time frames which permitted him to know “what

cell site or cell tower and sector [that] was utilized for specific communications . . . .” Mr.

Dodson stated that the “towers” are not necessarily physical towers but involve subsets

of hardware that can “be on buildings, they can be in trees, [the provider] can move them

around depending on if there’s a large event going on [around] these cell sites . . . for

their subscribers to be able to utilize their devices” seamlessly.

{¶15} Mr. Dodson indicated the most important aspects of the data he assessed

are “the cell tower latitude and cell tower longitude, the cell ID, the sector orientation that’s

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going to show us which sector was utilized for that particular timing [when] events hit.”

(Sic.) He also noted that the “latitude and longitude” provides “AT&T’s estimate of where

that device is at the time.”

{¶16} Mr. Dodson explained he utilized Google Earth, in conjunction with Trax, to

trace a cell site or cell tower. Trax then maps the radio frequency for a cell phone reading.

Mr. Dodson stated that “[o]nce you download the Google Earth file from Trax this is

call[ed] the time bar slider so it will show where we’re at in time within these records.”

{¶17} Mr. Dodson emphasized that the timing-evidence-data technology is used

“all the time, not just in criminal cases[,] we use it in exigent cases where we have maybe

a missing elderly person[;] as the highway patrol we deal with those a lot where we’re

trying to locate someone. We used [sic] them in cases where we have a missing person,

maybe an Amber alert we’ve used them. We’ve recovered dead bodies I guess for a lack

of a better term with this type of data.”

{¶18} Mr. Dodson provided the estimated time frame coverage and location from

the cell phone ascribed to Mr. Hagwood, observing, among other things, that “between

6:00 p.m. and 6:30 the device continues to move west. From 6:31 to 6:59 the device

moves south. From 7:00 p.m. to 7:50 the device moves north and then northeast. From

7:51 p.m. until 8:05 p.m. the device continues to move northeast and then starts moving

south.” At approximately 8:05 p.m., Mr. Hagwood’s cell phone was “likely in [the] general

vicinity” of 2250 Par Lane—near the Par Lane Flock camera that captured the red

Explorer SUV going into Ms. Bandwalker’s apartment complex at 8:03 p.m. and exiting

the same at 8:06 p.m.

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{¶19} As part of the investigation, Mr. Hagwood’s phone was analyzed, and DNA

was taken from the Explorer. Analysis of Mr. Hagwood’s phone revealed a photograph of

him sitting on a vehicle matching the stolen Explorer as well as videos from July 3, 2024,

of Mr. Hagwood with a co-defendant. Also, as noted, the analysis of Mr. Hagwood’s cell

phone-location data placed him in the location of the attempted theft of Ms. Bandwalker’s

vehicle. Significantly, the same data placed him in the same general vicinity as his codefendant throughout the day. Finally, DNA found inside the Explorer was deemed

statistically more likely to be that of Mr. Hagwood and Mr. Northup than Mr. Northup and

unknown persons.

{¶20} On May 23, 2025, Mr. Hagwood was indicted on one count of aggravated

robbery, a felony of the first degree, in violation of R.C. 2911.01(A)(1), with an

accompanying firearm specification, pursuant to R.C. 2941.145 (the incident involving

Ms. Bandwalker); one count of attempted grand theft of a motor vehicle, a felony of the

fifth degree, in violation of 2913.02(A)(1), with an accompanying firearm specification,

pursuant to R.C. 2941.145 (again, pertaining to the incident relating to Ms. Bandwalker);

and one count of receiving stolen property, a felony of the fifth degree, in violation of R.C.

2913.51(A), with an accompanying firearm specification, pursuant to R.C. 2941.141 (this

count related to the initial theft of Mr. Northup’s Explorer). Mr. Hagwood pleaded “not

guilty” to the counts and specifications.

{¶21} The matter proceeded to trial where, after voir dire, Mr. Hagwood elected to

be tried to the bench. After receiving evidence, the trial court found Mr. Hagwood guilty

as charged in the indictment. The trial court ordered a presentence investigation report

and, after a sentencing hearing, Mr. Hagwood was sentenced to an indefinite term of

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imprisonment of four to six years on the aggravated robbery count and a definite term of

18 months on the receiving stolen property count. The trial court determined the

attempted grand theft of a motor vehicle count would merge with the aggravated robbery

count, and the State elected to proceed to sentencing on the aggravated robbery count.

Regarding the specifications, Mr. Hagwood was ordered to serve mandatory firearm

specifications as follows: three years on the aggravated robbery count, three years on the

attempted grand theft of a motor vehicle count, and one year on the receiving stolen

property count. This appeal follows.

{¶22} Mr. Hagwood assigns eleven errors for this court’s review. His first

assignment of error provides:

II. Sufficiency and Weight of the Evidence

{¶23} “The State failed to present sufficient evidence of identity.”

{¶24} Although Mr. Hagwood nominally makes a sufficiency challenge, he also,

however, challenges the weight of the evidence in his brief. We shall address each aspect

of his argument(s).

{¶25} “In a sufficiency-of-the-evidence inquiry, the question is whether the

evidence presented, when viewed in a light most favorable to the prosecution, would allow

any rational trier of fact to find the essential elements of the crime beyond a

reasonable doubt.” State v. Dent, 2020-Ohio-6670, ¶ 15, citing State v. Jenks, 61 Ohio

St.3d 259 (1991), paragraph two of the syllabus.

{¶26} Unlike the standard for the sufficiency of the evidence, the “[w]eight of the

evidence concerns ‘the inclination of the greater amount of credible evidence . . . to

support one side of the issue rather than the other.’” (Emphasis in original.) State v.

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Thompkins, 1997-Ohio-52, ¶ 24, quoting Black’s Law Dictionary (6th Ed. 1990). When

considering challenges to the weight of the evidence, an appellate court reviews “‘the

entire record, weighs the evidence and all reasonable inferences, considers the credibility

of witnesses and determines whether in resolving conflicts in the evidence, the [factfinder] clearly lost its way and created such a manifest miscarriage of justice that the

conviction must be reversed and a new trial ordered.’” Thompkins at ¶ 25, quoting State

v. Martin, 20 Ohio App.3d 172, 175 (1st Dist. 1983). “‘The discretionary power to grant a

new trial should be exercised only in the exceptional case in which the evidence weighs

heavily against the conviction.’” Thompkins at ¶ 25, quoting Martin at 175.

{¶27} Thus, a conclusion that a conviction is supported by the weight of the

evidence necessarily includes a determination that the State produced sufficient evidence

in support of the conviction. State v. DiBiase, 2012-Ohio-6125, ¶ 38 (11th Dist.).

{¶28} In this matter, Mr. Hagwood asserts the conviction is unsupported by the

evidence because Ms. Bandwalker did not make an in-court identification and her

testimony confirmed “deep uncertainty.” He additionally takes issue with the description

of his hair length, and the victims’ descriptions of the firearm, his clothing, and his physical

size.

{¶29} First, Mr. Hagwood challenges the lack of any in-court identification by an

eyewitness.

{¶30} “It is well-settled that, in order to warrant a conviction, the evidence must

establish beyond a reasonable doubt the identity of the accused as the person who

actually committed the crime.” State v. Lawwill, 2008-Ohio-3592, ¶ 11 (12th Dist.),

citing State v. Scott, 3 Ohio App.2d 239, 244 (7th Dist. 1965). There is no general

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requirement, however, “that the defendant must be visually identified in court by a

witness.” Lawwill at ¶ 11, citing Scott at 244. Rather, direct or circumstantial evidence is

sufficient to establish the identity of the accused as the person who committed the

crime. State v. Irby, 2004-Ohio-5929, ¶ 16-21 (7th Dist.).

{¶31} “[C]ircumstantial evidence and direct evidence inherently possess the

same probative value.” State v. Fasline, 2015-Ohio-715, ¶ 39 (11th Dist.), citing State v.

Biros, 1997-Ohio-204, ¶ 65. “Circumstantial evidence has been defined as testimony not

grounded on actual personal knowledge or observation of the facts in controversy, but of

other facts from which inferences are drawn, showing indirectly the facts sought to be

established.” State v. Payne, 2014-Ohio-4304, ¶ 22 (11th Dist.), citing State v. Nicely, 39

Ohio St.3d 147, 150 (1988). “An inference is ‘a conclusion which, by means of data

founded upon common experience, natural reason draws from facts which are

proven.’” State v. Windle, 2011-Ohio-4171, ¶ 34 (11th Dist.), quoting State v. Nevius, 147

Ohio St. 263 (1947). “It consequently follows that ‘when circumstantial evidence forms

the basis of a conviction, that evidence must prove collateral facts and circumstances,

from which the existence of a primary fact may be rationally inferred according to common

experience.’” State v. Armstrong, 2016-Ohio-7841, ¶ 22 (11th Dist.), quoting Windle at ¶

34.

{¶32} “While it is unquestionably the better practice to obtain an in-court

identification of a defendant, the state is not precluded from proving identity by indirect

means when a witness cannot or will not provide such identification.” State v. Nicholson,

2009-Ohio-518, ¶ 52 (6th Dist.), citing State v. Porter, 1999 WL 1271722 (8th Dist. Dec.

30, 1999). In effect, the lack of an in-court identification, in light of other surrounding

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evidence, simply goes to the weight of the evidence offered in support of the State’s

burdens of persuasion.

{¶33} Consequently, the absence of a defendant’s in-court identification at trial

does not imply there was insufficient evidence of identity or that the conviction is against

the weight of the evidence. Lawwill, 2008-Ohio-3592, at ¶ 13.

{¶34} In this matter, Ms. Bandwalker perceived her assailant to be an African

American, younger man, with a slim build, wearing a hoodie, with shoulder length

dreadlocks. She also observed he pointed a “silver-gray” handgun to her head. Ms.

Bandwalker picked Mr. Hagwood from a photo array after the attempted robbery. There

is no indication that the photo array was unfairly or even remotely suggestive, a fact that

Mr. Hagwood eventually concedes in his brief. And, given the circumstances of the

incident and considering Ms. Bandwalker’s perception of Mr. Hagwood’s appearance at

the time of the attempted robbery, she identified Mr. Hagwood in the array with an 80-85

percent degree of certainty. This evidence goes to the weight of the victim’s testimony.

{¶35} Moreover, there was in-court identification by Cleveland Police Officer

Jeremiah Johns that Mr. Hagwood was one of two individuals arrested after abandoning

the stolen red Explorer. The vehicle had the license plates of the vehicle that caused the

initial BOLO. Officer Johns described Mr. Hagwood at the time of arrest, and his physical

description of Mr. Hagwood substantially traced the (albeit limited) physical description

provided by Ms. Bandwalker.

{¶36} Mr. Hagwood also takes issue with the lack of tattoos observed by Ms.

Bandwalker, as well as the arresting officer’s testimony that he observed no tattoos on

Mr. Hagwood’s person at booking. He maintains he is “covered in tattoos, especially in

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the facial area . . . .” In Mr. Hagwood’s interview, which occurred over nine months after

the date of the offenses, he had tattoos on his neck. In an interview that was played for

the trial court, Mr. Hagwood discusses his tattoos; he first indicates he recently obtained

the neck tattoo, then changed his story.

{¶37} Similarly, the initial victim, Mr. Northrup, stated that the thief of his red

Explorer had shoulder length dreadlocks. Ms. Bandwalker’s and Officer Johns’

description matched this description. Additionally, although Mr. Northrup could not

conclusively identify the thief, he testified the man was an African American male, with a

hoodie, who brandished a silver firearm. Ms. Bandwalker testified that the firearm her

assailant brandished was a “silver-gray looking gun.” The testimony of both victims, in

this respect, match.

{¶38} Furthermore, Flock cameras identified Mr. Northrup’s stolen vehicle near

the scene of the attempted robbery of Ms. Bandwalker’s apartment at or near the time of

the incident. Within hours, the same vehicle was stopped in Cleveland where the

occupants, one of whom was identified as Mr. Hagwood, fled and were subsequently

arrested.

{¶39} Mr. Hagwood asserts that his clothes did not match the descriptions offered

by victims or the testifying officer. This, however, ignores Officer Johns’ testimony that he

and his partner arrested Mr. Hagwood after they observed him abandoning the stolen

Explorer. It also ignores the fact that Officer Johns noted that Mr. Hagwood, matching the

physical description offered by the victims, was arrested near a cast-aside black hoodie

and the stolen Explorer SUV.

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{¶40} Additionally, the State presented evidence of cell-phone-location

movements ascribed to Mr. Hagwood’s phone on the day and evening in question. These

records demonstrated that Mr. Hagwood traveled from Cleveland to Willoughby Hills and

then back to Cleveland during the time of the offenses. Mr. Hagwood’s cell phone also

disclosed a photo of him on the hood of what appeared to be the stolen Explorer on the

day of the incident.

{¶41} Considering the foregoing, there was evidence by which the trial court could

have found, beyond a reasonable doubt, that Mr. Hagwood was the individual who

attempted to take Ms. Bandwalker’s vehicle and her personal effects at the time of the

incident. There was ample evidence, direct and circumstantial, to support the trial court’s

verdict.

{¶42} Mr. Hagwood’s first assignment of error is without merit.

III. Alleged Error in Admitting DNA Evidence

{¶43} Mr. Hagwood’s second assigned error provides:

{¶44} “The trial court erred in admitting unreliable DNA evidence consisting of

partial and mixed profiles without conducting a Daubert hearing, in violation of Evid. R.

702(C).”

{¶45} Under this assignment of error, Mr. Hagwood asserts that the trial court

erred when it failed to, sua sponte, hold a hearing pursuant to Daubert v. Merrell Dow

Pharmaceuticals, Inc., 509 U.S. 579, 589-590 (1993) and Evid.R. 702(C), relating to the

“mixed sample” DNA evidence submitted by the State at trial. Curiously, Mr. Hagwood

“essentially challenges DNA testimony as if trial courts had never accepted DNA evidence

before.” State v. Adams, 2004-Ohio-5845, ¶ 79. Courts have, and the Supreme Court of

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Ohio has, emphasized that a Daubert hearing is not prima facie necessary because “DNA

evidence, premised on valid scientific principles, has been widely accepted as reliable

and admissible evidence.” Adams at ¶ 86, citing State v. Pierce, 1992-Ohio-53, ¶ 12. The

Court emphasized:

Courts throughout the nation and in Ohio routinely accept

DNA evidence. [See] George Bundy Smith & Janet A.

Gordon, The Admission of DNA Evidence in State and

Federal Courts (1997), 65 Fordham L.Rev. 2465, 2482-2483,

2488. [See also] State v. Satta, 2002-Ohio-5049, . . .¶ 44 [(3d

Dist.)] (“the credibility of the D.N.A. testing . . . is a matter to

[be] determined by the trier of fact”); State v. Martin . . . 2000

WL 1145465 [(12th Dist. Aug. 14, 2000)] (“Questions

regarding the reliability of DNA evidence . . ., including alleged

defects or limitations of DNA population frequency statistics,

go to weight of the evidence rather than its

admissibility[.]”); State v. Honzu . . . 1995 WL 326214, * 8

[(10th Dist. June 1, 1995)] (questions regarding DNA testing

procedures go to weight not admissibility). [See also] Smith &

Gordon, 65 [Fordham ]L.Rev. at 2470 (PCR analysis [one of

several DNA typing techniques] “has received overwhelming

acceptance in the scientific community and the courts”).

Adams at ¶ 86.

{¶46} Accordingly, because DNA evidence has been used in criminal cases for

many decades and is no longer considered to be novel or unusual, Daubert hearings are

not fundamentally necessary. Adams at ¶ 80. Rather, considering the established

scientific strength and reliability of DNA evidence, defense attorneys are expected to

educate themselves regarding DNA evidence to sufficiently conduct cross-examination of

the state’s witnesses. State v. Alltop, 2014-Ohio-1695, ¶ 16 (12th Dist.) (“[T]here are

ample materials available by which resourceful counsel can educate himself [or herself]

sufficiently to formulate an effective cross-examination.”).

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{¶47} We consider these points to be equally applicable to mixed-DNA profiles

when an adequate foundation is set forth by a qualified expert witness.

{¶48} Considering this backdrop, trial counsel did not object, and as a result, we

review Mr. Hagwood’s argument for plain error. State v. Lang, 2011-Ohio-4215, ¶ 108.

“An alleged error is plain error only if the error is ‘obvious,’ and ‘but for the error, the

outcome of the trial clearly would have been otherwise.’” Id., quoting State v. Barnes,

2002-Ohio-68, ¶ 20; and State v. Long, 53 Ohio St.2d 91 (1978), paragraph two of the

syllabus. Notice of plain error “is to be taken with the utmost caution, under exceptional

circumstances and only to prevent a manifest miscarriage of justice.” Barnes at paragraph

three of the syllabus.

{¶49} Pursuant to Evid.R. 702, a witness may testify as an expert if: (1) the

testimony “relates to matters beyond the knowledge or experience possessed by lay

persons or dispels a misconception common among lay persons;” (2) “[t]he witness is

qualified as an expert by specialized knowledge, skill, experience, training, or education

regarding the subject matter of the testimony;” and (3) the “testimony is based

on reliable scientific, technical, or other specialized information . . . .” Mr. Hagwood takes

issue with the third prong of the foregoing test claiming “the State presented no testimony

establishing the reliability of interpreting [the DNA] mixtures.” We do not agree.

{¶50} In this matter, Jessica Ritchie, a forensic technician for the Lake County

Crime Laboratory (“LCCL”), testified she received DNA samples from investigators. Ms.

Ritchie testified the LCCL is an accredited institution in DNA analysis and testified to the

chain of custody of all evidence received by the lab. Ms. Ritchie stated she examines the

evidence and provides data to the DNA analyst for interpretation.

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{¶51} Dr. Karen Zavarella is the DNA supervisor for LCCL. She analyzes and

performs DNA casework which includes DNA interpretation of the DNA samples prepared

by a technician. Dr. Zavarella testified she has a master’s degree and a PhD in molecular

biology and has been qualified as an expert in cases “upwards 50 approximate times.”

Dr. Zavarella testified that, once she provides a DNA interpretation she is “confident and

certain that [her] results are reliable and accurate.”

{¶52} Mr. Hagwood claims certain “red flags” should have prompted the trial court

to hold a hearing on the reliability of Dr. Zavarella’s interpretations. The alleged “red flags,”

however, were discussed by Dr. Zavarella and, indeed, parts of the evidence were

favorable to Mr. Hagwood.

{¶53} Specifically, Mr. Hagwood asserts: “the State introduced DNA evidence

(State’s Ex. 16) consisting of partial and mixed profiles. No Daubert hearing was held,

and . . . [t]he analyst testified to obtaining merely partial mixed profiles of DNA . . . The

report stated some results we[r]e inconclusive due to mixture . . . Importantly, the analyst

conceded on cross-examination that as to the DNA profile collected from the driver’s side

door at least, defendant Hagwood was entirely excluded as a contributor.”

{¶54} Dr. Zavarella explained that LCCL does not interpret genetic profiles that

indicate greater than three contributors. Accordingly, if there were more than three

contributors, LCCL does not make any interpretation or comparisons.

{¶55} Even if Mr. Hagwood was excluded from the door handle, however, the DNA

swabs taken from the Explorer’s gear shift and steering wheel demonstrate a mixture

which allowed interpretation. Dr. Zavarella stated:

A portion of this mixture matches the standard from Nicholas

Northrup as would be expected as the primary operator of the

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vehicle. And assuming that Nicholas Northup is one of those

contributors this DNA mixture profile is 1.2 million times more

likely to occur if the mixture consists of DNA from Nicholas

Northup, King Isaiah Hagwood and one unidentified

contributor than it just derives from Nicholas Northup and two

unidentified contributors.

{¶56} Given the mixture, Dr. Zavarella was able to exclude Mr. Hagwood’s codefendant and Mr. Northup’s girlfriend. The State asked Dr. Zavarella whether this meant

that those people never touched these areas in the vehicle. She responded: “What this

means is I could not detect them within the profile in terms of a statistical association . . .

[And] [w]e report anything greater than a million times more likely and in the field of

forensics a very conservative reporting because a million times more likely is considered

in the field of forensics a strong association.”

{¶57} Dr. Zavarella discussed the nuances of the process of interpreting the data

received from the technician. She also testified to the scientific reliability of the process

and to her qualifications as an expert. We find no error in the trial court’s admission of Dr.

Zavarella’s testimony and reports. The introduction of the evidence, in effect, went to the

weight accorded the testimony and data, not its admissibility. See Adams, 2004-Ohio5845, at ¶ 79, 86.

{¶58} Moreover, and significant to the plain error analysis, Mr. Hagwood cannot

demonstrate the outcome of the trial would have been different if the DNA evidence was

not admitted. If the DNA evidence was not introduced, Mr. Hagwood was identified by

Ms. Bandwalker with 80-85 percent certainty. The stolen Explorer was placed near Ms.

Bandwalker’s apartment complex via Flock cameras at or near the time of the incident in

question, and Mr. Hagwood was apprehended leaving/fleeing the stolen Explorer. Even

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if the DNA evidence were excluded, we cannot conclude the outcome of the trial clearly

would have been otherwise.

{¶59} Mr. Hagwood’s second assignment of error lacks merit.

IV. Alleged Error in Admitting Cell-Site Location Analysis

{¶60} For his third assignment of error, Mr. Hagwood asserts:

{¶61} “The trial court erred in admitting historical cell-site location analysis without

confrontation of the underlying data analyst, in violation of the Sixth Amendment’s

Confrontation Clause.”

{¶62} Under this assigned error, Mr. Hagwood argues the trial court erred by not

sua sponte excluding AT&T cell-site records because the “mapping analysis” offered by

the State was “testimonial” in nature. Hence, Mr. Hagwood maintains the Sixth

Amendment’s Confrontation Clause was violated. We do not agree.

{¶63} The Sixth Amendment to the United States Constitution, in its Confrontation

Clause, preserves the right of a criminal defendant “to be confronted with the witnesses

against him.” In Crawford v. Washington, 541 U.S. 36, 53-54 (2004), the Supreme Court

of the United States stated that the Confrontation Clause bars “admission of testimonial

statements of a witness who did not appear at trial unless he was unavailable to testify,

and the defendant had had a prior opportunity for cross-examination.” The key issue is

what constitutes a testimonial statement: “It is the testimonial character of the statement

that separates it from other hearsay that, while subject to traditional limitations upon

hearsay evidence, is not subject to the Confrontation Clause.” Davis v. Washington, 547

U.S. 813 (2006).

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{¶64} In Crawford, the Court suggested that business records are “by their nature”

non-testimonial. Id. at 56. In State v. Craig, 2006-Ohio-4571, the Supreme Court of Ohio

stated that business records “‘are not testimonial in nature because they are prepared in

the ordinary course of regularly conducted business and are “by their nature” not prepared

for litigation.’” Id. at ¶ 82, quoting People v. Durio, 794 N.Y.S.2d 863 (2005).

{¶65} The United States Supreme Court, however, clarified that a Confrontation

Clause issue can arise “if the regularly conducted business activity is the production of

evidence for use at trial.” Melendez-Diaz v. Massachusetts, 557 U.S. 305, 321

(2009). Considering this point, in State v. Hood, 2012-Ohio-6208, the Supreme Court of

Ohio considered the impact of cell-phone records in the context of business records. In

Hood, the Court observed:

[T]he regularly conducted business activity of cell-phone

companies is not the production of evidence for use at trial.

The fact that records are used in a trial does not mean that

the information contained in them was produced for that

purpose. Even when cell-phone companies, in response to a

subpoena, prepare types of records that are not normally

prepared for their customers, those records still contain

information that cell-phone companies keep in the ordinary

course of their business.

Id. at ¶ 36.

{¶66} Because cell-phone records reflect “only a formatting of information that

already exists as a part of the company’s day-to-day business[,]” the Court determined

such records, when properly authenticated, are non-testimonial. Id. at ¶ 38, 42.

{¶67} Mr. Hagwood challenges the State’s use of the testimony provided by Seth

Dodson. Mr. Dodson is a member of the Ohio State Highway Patrol Intelligence Unit. His

main responsibility is cell-phone and geo-location analysis. He uses a system called Trax,

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which assists him in mapping data provided by cell phone companies. Mr. Dodson has

been deemed a subject-matter expert in the use of the Trax program and thus an expert

in the use of such data mapping.

{¶68} Using his expertise, Mr. Dodson used “the electronic records and . . . put

them into Trax which then produces a Google or file list, most if not all [of] the analysis is

done within Google Earth.” He stated, in the course of his analysis, the phone attributed

to Mr. Hagwood’s cell-phone number was in the same vicinity as the underlying incident

as well as the same vicinity as his co-defendant’s phone.

{¶69} Mr. Dodson used authenticated AT&T business records and analyzed them

using a program that he has been declared a subject-matter expert to examine and draw

conclusions. He was cross-examined and did not rely upon testimonial records for either

his analysis or testimony.

{¶70} It bears emphasis that the use of Google Earth technology has been held

acceptable for purposes of judicial notice. In State v. Bradford, 2018-Ohio-1417, ¶ 68-70

(8th Dist.), the Eighth Appellate District observed:

“Generally, an appellate court may take judicial notice of any

fact of which the trial court could have taken notice, even

where the trial court failed to do so.” Twinsburg v. Wesby,

[2012-Ohio-569, ¶ 5 (9th Dist.)], citing Day v. Day, 40 Ohio

App.3d 155, 160, [fn. 4 (10th Dist. 1988)].

An appellate court has authority to take judicial notice

regarding the characteristics of the streets of the

jurisdiction. State v. Thomas, [1993 WL 9719, 3, fn. 2 (11th

Dist.] Jan. 8, 1993), citing Day at fn. 4, Orose v. Hodge DriveIt-Yourself Co., Inc., 132 Ohio St. 607 . . . (1937);

and Bonbright v. Biller, 67 Ohio App. 421. . . (1st Dist.[ 1941]).

“[W]e take judicial notice of a Google map and satellite image

as a ‘source[] whose accuracy cannot reasonably be

questioned.’” Pahls v. Thomas, 718 F.3d 1210, 1216, fn. 1

(10th Cir.[ 2013]), quoting United States v. Perea-Rey, 680

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Case No. 2025-L-113

F.3d 1179, 1182, fn. 1 (9th Cir. 2012) (second alteration in

original) (quoting Fed.R.Evid. 201(b)); see Citizens for Peace

in Space v. Colorado Springs, 477 F.3d 1212, 1218, fn. 2

(10th Cir. 2007) (taking judicial notice of an online distance

calculation that relied on Google Maps data).

“‘Geography has long been peculiarly susceptible to judicial

notice for the obvious reason that geographic locations are

facts which are not generally controversial . . . .’” [Pauls at

1216, fn. 1], quoting United States v. Piggie, 622 F.2d 486,

488 (10th Cir.[ 1980]). “See also David J. Dansky, The Google

Knows Many Things: Judicial Notice in the Internet Era, 39

Colo. Law. 19, 24 (2010) (‘Most courts are willing to take

judicial notice of geographical facts and distances from private

commercial websites such as MapQuest, Google Maps, and

Google Earth.’).” Pahls at [1216, fn. 1].

{¶71} No objection was made by defense counsel to the evidence and,

considering our analysis and persuasive legal authority, we decline to find any error in the

admission of the evidence, let alone plain error.

{¶72} Mr. Hagwood’s third assignment of error is without merit.

V. Alleged Error in Admission of Eyewitness Identification Testimony

{¶73} For his fourth assigned error, Mr. Hagwood claims:

{¶74} “The trial court violated appellant’s right to due process by admitting an

equivocal and constitutionally unreliable eyewitness identification under the standards set

forth in Neil v. Biggers and Manson v. Braithwaite.”

{¶75} Mr. Hagwood argues that the trial court violated his right to due process by

admitting the out-of-court identification by Ms. Bandwalker because he maintains it is

unreliable. He relies on Manson v. Brathwaite, 432 U.S. 98 (1977) and Neil v. Biggers,

409 U.S. 188 (1972). These cases are inapposite to this matter.

{¶76} Mr. Hagwood maintains that, under Manson, “reliability is the linchpin in

determining the admissibility of identification testimony.” Id. at 114. He then asserts,

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Case No. 2025-L-113

without citation, that “[u]nder Biggers and Manson, even where the identification

procedure is not unduly suggestive, due process prohibits admission of an identification

that is so unreliable that it creates a substantial likelihood of misidentification.” Mr.

Hagwood concedes that there is nothing in the record indicating that police conducted an

unduly suggestive procedure.

{¶77} In Perry v. New Hampshire, 565 U.S. 228 (2012), the United States

Supreme Court rejected Mr. Hagwood’s proposition that due process requires a reliability

assessment where there are no suggestive police procedures. In Perry, the Court

observed:

Perry’s argument depends, in large part, on the Court’s

statement in Brathwaite that “reliability is the linchpin in

determining the admissibility of identification testimony.” 432

U.S., at 114 . . . . If reliability is the linchpin of

admissibility under the Due Process Clause, Perry maintains,

it should make no difference whether law enforcement was

responsible for creating the suggestive circumstances that

marred the identification.

Perry has removed our statement in Brathwaite from its

mooring, and thereby attributes to the statement a meaning a

fair reading of our opinion does not bear. As just explained, .

. . the Brathwaite Court’s reference to reliability appears in a

portion of the opinion concerning the appropriate remedy

when the police use an unnecessarily suggestive

identification procedure. The Court adopted a judicial screen

for reliability as a course preferable to a per se rule requiring

exclusion of identification evidence whenever law

enforcement officers employ an improper procedure. The due

process check for reliability, Brathwaite made plain, comes

into play only after the defendant establishes improper police

conduct. The very purpose of the check, the Court noted, was

to avoid depriving the jury of identification evidence that is

reliable, notwithstanding improper police conduct. 432 U.S.,

at 112-113. . . .

(Emphasis in original.) (Footnote omitted.) Perry at 240-241.

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{¶78} Because there is no allegation of improper police conduct or unnecessarily

suggestive practices, any concerns regarding reliability goes to the weight of the

identification, not its admissibility. State v. Gaines, 2016-Ohio-1312, ¶ 17 (11th Dist.),

citing State v. Bell, 2015-Ohio-4775, ¶ 44 (11th Dist.). Once the identification is deemed

accordingly admissible, “‘no further inquiry into the reliability of the identification is

required.’” State v. Aekins, 2023-Ohio-322, ¶ 33 (10th Dist.), quoting State v. Reddy,

2010-Ohio-3892, ¶ 31 (10th Dist.). We therefore hold the trial court did not err in admitting

the evidence.

{¶79} Mr. Hagwood’s fourth assignment of error lacks merit.

VI. Alleged Ineffective Assistance of Counsel – In General

{¶80} For his fifth assigned error, Mr. Hagwood contends:

{¶81} “Trial counsel provided ineffective assistance by failing to competently

challenge (1) the equivocal eyewitness identification; (2) the admissibility and foundation

of the State’s expert cell-site mapping exhibit; and (3) the limited probative value of

complex mixed-source DNA evidence.”

{¶82} “There is a general presumption that trial counsel’s conduct is within the

broad range of professional assistance.” State v. Andrus, 2020-Ohio-6810, ¶ 60 (11th

Dist.), citing State v. Bradley, 42 Ohio St.3d 136, 142-143 (1989). The burden of

establishing ineffective assistance of counsel falls upon the appealing defendant. State

v. Robinson, 2021-Ohio-1064, ¶ 24 (11th Dist.).

{¶83} “In order to prevail on an ineffective assistance of counsel claim, an

appellant must demonstrate that trial counsel’s performance fell ‘below an objective

standard of reasonable representation and, in addition, prejudice arises from counsel’s

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performance.’” Andrus at ¶ 60, quoting Bradley at paragraph two of the syllabus (adopting

the test set forth in Strickland v. Washington, 466 U.S. 668 (1984)).

{¶84} To demonstrate prejudice, a defendant must establish there is a reasonable

probability that, but for counsel’s errors, the result of the proceedings would have been

different. Bradley at paragraph three of the syllabus. It is worth noting that the prejudice

standards for plain error and an allegation of counsel’s ineffectiveness are the same.

State v. Keaveney-Padamonsky, 2025-Ohio-5285, ¶ 48 (11th Dist.), citing State v.

Cervantes, 2022-Ohio-2536, ¶ 58 (3d Dist.); see also State v. Rogers, 2015-Ohio-2459,

¶ 22 (“[T]o establish plain error, “[t]he accused is . . . required to demonstrate a

reasonable probability that the error resulted in prejudice—the same deferential standard

for reviewing ineffective assistance of counsel claims.” (Emphasis in original.) (Citations

omitted.)).

{¶85} Under Mr. Hagwood’s second, third, and fourth assignments of error, we

previously concluded that: (1) no error occurred in the admission of the mixed-source

DNA evidence to which Dr. Zavarella testified (assignment of error two); (2) no error

occurred in the admission of Mr. Dodson’s testimony regarding his expert cell-phone/site

mapping and, in particular, there was no Confrontation Clause violation (assignment of

error three); and finally, (3) no error occurred in the admission of Ms. Bandwalker’s

identification testimony (assignment of error four). Thus, Mr. Hagwood’s failure to

establish prejudice under the plain-error standard in his second, third, and fourth

assignments of error is a failure to establish prejudice under the standard for ineffective

assistance under this assignment of error. We discern no need to further explore these

points.

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{¶86} Mr. Hagwood’s fifth assignment of error lacks merit.

VII. Alleged Error in Prosecutor’s Closing Argument

{¶87} Mr. Hagwood’s sixth assignment of error asserts:

{¶88} “The prosecutor committed misconduct by materially misstating the DNA

evidence during closing argument denying appellant a fair trial.”

{¶89} Mr. Hagwood did not object to this alleged problem, and thus we only review

the argument for plain error.

{¶90} Mr. Hagwood challenges the following aspect of the State’s closing

argument:

There was also testimony from the crime lab personnel about

the defendant’s DNA being present on the combined swab of

the steering wheel and gear shift. And the testimony was that

it was combined to give the greatest chance of trying to

identify and include in the statistical probability the amount of

DNA given that it’s a high frequency a high use object that

was swabbed there.

{¶91} Mr. Hagwood contends the prosecutor’s statement was factually incorrect,

“scientifically impossible, and it grossly mischaracterized the expert’s testimony.” Mr.

Hagwood claims that the prosecutor’s statement was problematic because Dr. Zavarella

“never testified that the DNA matched appellant uniquely, that appellant ‘was in the car,’

or that the statistic excluded ‘anyone else in the world.’” While we appreciate the point

Mr. Hagwood attempts to make, we do not find the prosecutor’s statement erroneous for

two reasons.

{¶92} Initially, Dr. Zavarella testified that contact DNA does not frequently provide

a significant amount of genetic material. Accordingly, when a scientist swabs multiple

areas from the same location in a particular area, those swabs can be combined into one

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extraction to create a genetic profile. Under these circumstances, Dr. Zavarella stated the

combined extractions from the Explorer’s gear shift and the steering wheel yielded three

contributors. One contributor matched Mr. Northup. Dr. Zavarella then testified that the

DNA mixture profile “is 1.2 million times more likely to occur if the mixture consists of DNA

from Nicholas Northup, King Isaiah Hagwood[,] and one unidentified contributor than it

just derives from Nicholas Northup and two unidentified contributors.” (Emphasis added.)

{¶93} Dr. Zavarella did not testify, and the prosecutor did not allege, the

combined, mixed sample “matched” Mr. Hagwood “uniquely.” She did not testify, nor did

the prosecutor directly state that Mr. Hagwood was “in the car.” Rather, Dr. Zavarella

testified and the prosecutor only suggested that Mr. Hagwood was a significantly more

likely contributor to the DNA (1.2 million times more likely) than any other unidentified

contributors.

{¶94} Finally, Dr. Zavarella did not testify, and the prosecutor did not state, that

the model excluded “anyone else in the world.” To the contrary Dr. Zavarella only stated

that her test excluded Mr. Hagwood’s co-defendant and Mr. Northup’s girlfriend. In

qualifying this point, she stated that her conclusions did not imply that those people did

not touch those items, only that she could not detect a profile of those individuals in terms

of a “statistical association.”

{¶95} Dr. Zavarella went on to clarify to the trial court that LCCL reports only those

results “greater than a million times more likely” because “a million times more likely is

considered in the field of forensics a strong association.” The State’s closing argument

did not fundamentally misrepresent Dr. Zavarella’s testimony or findings.

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Case No. 2025-L-113

{¶96} Moreover, and of significant importance, “in a bench trial, ‘a judge is

presumed to consider only the relevant, material[,] and competent evidence in arriving at

a judgment, unless the contrary affirmatively appears from the record.’” State v. Williams,

2018-Ohio-974, ¶ 27 (10th Dist.), quoting State v. Eubank, 60 Ohio St.2d 183, 187 (1979).

Even if we found the prosecutor’s characterization problematic, the trial judge is aware

that closing arguments are not evidence. We therefore find no error.

{¶97} Mr. Hagwood’s sixth assignment of error lacks merit.

VIII. Alleged Ineffective Assistance for Failing to Object to Claimed Hearsay

{¶98} His seventh assigned error provides:

{¶99} “Trial counsel rendered ineffective assistance by failing to object to

pervasive hearsay in BOLO and police testimony.”

{¶100} Mr. Hagwood asserts trial counsel was ineffective for failing to object to

BOLO information which described the color, make, and license plate number of the

stolen SUV. He maintains this was impermissible hearsay and should have been

excluded. Further, he asserts, other testimony relating to the BOLO information described

the suspect as a “black male, medium length dreads, black hoodie, black pants.” Mr.

Hagwood emphasizes none of this information was based upon the personal

observations of the officers submitting the BOLO and therefore it was inadmissible

hearsay.

{¶101} The standard for ineffective assistance of counsel was set forth above. In

short, an appealing party must demonstrate his or her counsel was deficient and that the

deficiency caused prejudice. Bradley, 42 Ohio St.3d 136, at paragraph two of the

syllabus. That is, the party must demonstrate there is a reasonable probability that, but

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for counsel’s errors, the result of the proceedings would have been different. Id. at

paragraph three of the syllabus.

{¶102} Hearsay is defined as “a statement, other than one made by the declarant

while testifying at the trial or hearing, offered in evidence to prove the truth of the matter

asserted.” Evid.R. 801(C). Generally, hearsay statements are inadmissible unless the

statement comes in under a recognized exception. See, e.g., State v. Campbell, 2014-Ohio-493, ¶ 44 (8th Dist.); Evid.R. 802-807.

{¶103} Initially, our research indicates that no Ohio court has specifically addressed

this issue. That said, we maintain the out-of-court statements in the BOLO were

admissible for the non-hearsay purpose of establishing reasonable suspicion which does

not implicate the truth of the matters asserted in the BOLO. The information in the BOLO

was used to place law enforcement on notice that would justify a preliminary investigative

stop and offer a reasonable, articulable basis regarding why an officer acted. In other

words, the BOLO was not offered to prove the truth of its contents, i.e., that the occupants

of the suspect red SUV had committed a theft or an aggravated robbery, but was offered

to establish that other officers receiving the information might justifiably rely on the details

of the BOLO to make a reasonable investigative stop.

{¶104} Put differently, the BOLO, under the circumstances, simply described the

factual sequence of events leading to its issuance. It cannot be viewed to represent the

truth that a specific event occurred. The BOLO provided a basis for other officers from

different jurisdictions that facts have allowed investigators to conclude that, if the vehicle

at issue is observed, there is a reasonable basis for its investigation.

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{¶105} Assuming, however, for purposes of a complete analysis and Mr.

Hagwood’s argument that counsel erred in not objecting to the testimony on the basis of

hearsay, Mr. Hagwood is still unable to establish prejudice for purposes of an ineffective

assistance of counsel analysis.

{¶106} As discussed at length above, other evidence sufficiently and persuasively

supports the conclusion that Mr. Hagwood was the individual identified by Ms.

Bandwalker at her apartment complex. The vehicle information was used to explain the

police investigation and the sequence of events leading to the release of the BOLO alert.

To wit, a Ford Explorer was stolen, and the theft was reported to the Shaker Heights

Police Department with relevant details about the vehicle. Later that evening, an

attempted theft occurred in Willoughby Hills, and Flock cameras were able to capture the

license plate of the vehicle taken in the initial theft. These additional circumstantial facts,

in conjunction with the ultimate arrest, demonstrate the introduction of the BOLO contents

were not prejudicial.

{¶107} We understand and appreciate how the information contained in the BOLO

can be generally viewed as inadmissible hearsay because the contents might contain

incriminating details unnecessary to establish a sequence of events, e.g., they might

suggest the occupants of the vehicle are involved in an alleged crime. Here, however, the

victim(s) testified to the same information revealed in the BOLO at trial. Therefore, and in

this important regard, the admission of the BOLO’s contents are, in fact, cumulative and,

accordingly, harmless.

{¶108} Mr. Hagwood’s seventh assignment of error lacks merit.

IX. Alleged Sentencing Errors - Generally

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Case No. 2025-L-113

{¶109} As they contest alleged sentencing errors, we shall treat Mr. Hagwood’s

eighth, ninth, tenth, and eleventh assignments of error together. They provide:

[VIII.] The trial court erred by imposing a third firearmspecification prison term consecutively to the other firearmspecification terms, contrary to R.C. 2929.14(C)(1) and State

v. Beatty.

[IX.] The trial court erred by failing to specify which firearm

specifications constituted the “two most serious” under R.C.

2929.14(C)(1)(a)-(b), and by instead relying on the repealed

R.C. 2929.14(B)(1)(g), rendering its consecutive-specification

findings incomplete and unreviewable.

[X.] The trial court imposed consecutive firearm-specification

prison terms in express reliance on a repealed statutory

provision, rendering that portion of the sentence contrary to

law.

[XI.] The cumulative effect of the errors at trial deprived

Appellant of a fair trial and due process of law.

{¶110} Under his eighth assigned error, Mr. Hagwood argues the trial court erred

in consecutively imposing sentence on a third, discretionary firearm specification in

violation of State v. Beatty, 2024-Ohio-5684. Under his ninth assigned error, he claims

the trial court erred by failing to specify which specifications constituted the “two most

serious” and by relying on a repealed version of R.C. 2929.14(B)(1)(g). Under his tenth

assigned error, Mr. Hagwood argues the trial court imposed consecutive specification

terms in express reliance on a repealed statutory provision. Under his eleventh assigned

error, he argues cumulative error.

{¶111} R.C. 2953.08(G) governs an appellate court’s review of felony sentences,

and provides, in relevant part, that after an appellate court’s review of the record, it “may

increase, reduce, or otherwise modify a sentence that is appealed under this section or

may vacate the sentence and remand . . . if it clearly and convincingly finds . . . [t]hat the

record does not support the sentencing court’s findings under division (B) or (D) of section

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Case No. 2025-L-113

2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20

of the Revised Code, whichever, if any, is relevant; [or] [t]hat the sentence is otherwise

contrary to law.” R.C. 2953.08(G)(2)(a) and (b); see also State v. Lamb, 2023-Ohio-2834,

¶ 9 (11th Dist.); State v. Gwynne, 2023-Ohio-3851, ¶ 15 (plurality).

{¶112} For purposes of this matter, a sentence is contrary to law when it does not

fall within the statutory range for the offense or offenses. See, e.g., Lamb at ¶ 10, quoting

State v. Shannon, 2021-Ohio-789, ¶ 11 (11th Dist.). As noted above, Mr. Hagwood

challenges the “legality” of his sentences.

{¶113} Here, Mr. Hagwood was found guilty of aggravated robbery, a felony of the

first degree, with a three-year firearm specification; attempted grand theft of a motor

vehicle, a felony of the fifth degree, with a three-year firearm specification; and receiving

stolen property, a felony of the fourth degree, with a one-year firearm specification. The

trial court determined that the attempted grand theft would merge with the aggravated

robbery charge, and the State elected to proceed to sentencing on the aggravated

robbery count. In this respect, Mr. Hagwood was not technically convicted of the

attempted grand theft, but only of the aggravated robbery count. See Crim.R. 32(C)

(requiring “[a] judgment of conviction shall set forth the fact of conviction and the

sentence”); see also State v. Whetstone, 2016 WL 5637253, ¶ 26 (11th Dist.) (where “no

sentence was imposed on [a] charge . . . there is no conviction on that charge”); State v.

Whitfield, 2010-Ohio-2, ¶ 24 (“[A] ‘conviction’ consists of a guilty verdict and the imposition

of a sentence or penalty.” (Emphasis in original.)).

A. Application of R.C. 2929.14(B)(1)(g) - Generally

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{¶114} Mr. Hagwood was sentenced to serve an indefinite prison term with a

minimum term of four years and a maximum term of six years on the aggravated robbery

count and 18 months on the receiving stolen property count. The trial court ordered those

sentences to be served concurrently with one another. With respect to the specifications,

Mr. Hagwood was ordered to serve two three-year terms for the specifications on the

aggravated robbery and the attempted grand theft of a motor vehicle counts, as well as

an additional one-year term for the specification on the receiving stolen property count.

The specifications were ordered to be served consecutively for an aggregate prison term

of 11 to 13 years.

{¶115} R.C. 2929.14(B)(1)(g) provides:

If an offender is convicted of or pleads guilty to two or more

felonies, if one or more of those felonies are aggravated

murder, murder, attempted aggravated murder, attempted

murder, aggravated robbery, felonious assault, or rape, and if

the offender is convicted of or pleads guilty to a specification

of the type described under division (B)(1)(a) of this section in

connection with two or more of the felonies, the sentencing

court shall impose on the offender the prison term specified

under division (B)(1)(a) of this section for each of the two most

serious specifications of which the offender is convicted or to

which the offender pleads guilty and, in its discretion, also may

impose on the offender the prison term specified under that

division for any or all of the remaining specifications.

{¶116} In State v. Bollar, 2022-Ohio-4370, ¶ 7, the Supreme Court of Ohio

considered the following issue:

Whether Ohio’s legislature has specifically authorized

cumulative punishments for multiple firearm specifications

that were committed as part of the same act or transaction

under the narrowly tailored, specifically designated

circumstances set forth in R.C. 2929.14(B)(1)(g), when the

underlying felonies attendant to the firearm specifications are

merged at sentencing as allied offenses of similar import . . . .

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Case No. 2025-L-113

{¶117} The Court answered the question in the affirmative. In doing so, it

distinguished its holding in State v. Whitfield, 2010-Ohio-2, where it emphasized that R.C.

2941.25(A), Ohio’s merger statute, “prohibits ‘convictions’ for allied offenses.” Bollar at ¶

14.

{¶118} The Court in Bollar, however, observed that its definition of “conviction” in

Whitfield “may be seen as creating tension with R.C. 2929.14(B)(1)(g), which applies

when ‘an offender is convicted of or pleads guilty to’ multiple felonies and firearm

specifications.” Bollar at ¶ 15. Nevertheless, the Court “clarified” that its “definition of

‘conviction’ in Whitfield[, requiring the imposition of a sentence to meet the definition of

conviction,] does not apply to R.C. 2929.14(B)(1)(g). Bollar at ¶ 16. In applying that

statutory provision, [courts] simply use the plain meaning of ‘convicted’: found guilty. See

Black’s Law Dictionary 421-422 (11th Ed. 2019) (defining the verb ‘convict’ as ‘to find (a

person) guilty of a criminal offense upon a criminal trial . . . [or] a plea of guilty’).” Id. at ¶

16.

{¶119} The Court determined that an offender must, under R.C. 2929.14(B)(1)(g),

therefore receive prison terms for the two most serious firearm specifications when the

offender is convicted, i.e., found guilty, or pleads guilty to multiple felony offenses. Bollar

at ¶ 19. And the statute “makes no exception to the application of its provisions when one

of the underlying felony offenses has been merged.” Id.

{¶120} The Court stated that R.C. 2929.14(B)(1)(g)

requires that the offender receive prison terms for each of the

two most serious firearm specifications when the offender

pleads guilty to multiple felony offenses (and at least one of

those is a felony listed in the statute) and also pleads guilty to

multiple accompanying specifications. The statute makes no

exception to the application of its provisions when one of the

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Case No. 2025-L-113

underlying felony offenses has been merged. Instead, it

simply applies whenever the offender has pleaded guilty to (or

been found guilty of) multiple felony offenses and multiple

specifications.

Bollar at ¶ 19.

{¶121} In Bollar, the defendant pleaded guilty to multiple felonies and multiple

specifications. Id. As such, the Supreme Court held the defendant must receive prison

terms for the two most serious specifications to which he pleaded guilty, regardless of

merger. Id.

{¶122} Here, Mr. Hagwood was found guilty of multiple felonies, one of which was

a qualifying felony, i.e., aggravated robbery. Even though Mr. Hagwood was “found guilty”

after trial rather than pleading guilty prior to a trial, R.C. 2929.14(B)(1)(g) applies with the

same force. Therefore, consistent with the compartmentalized definition of a “conviction”

the Supreme Court of Ohio offered in Bollar, the trial court imposed two, three-year

consecutive prison terms for the firearm specifications on the aggravated robbery and the

attempted grand theft of a motor vehicle counts, and a consecutive one-year term for the

specification on the receiving stolen property count.

B. The Firearm Specification on the Merged Attempted Grand Theft Count: Double

Jeopardy

{¶123} We must now examine whether the imposition of the second three-year

mandatory specification term — the one attached to the merged attempted grand theft of

a motor vehicle count — violates the Double Jeopardy Clauses of the Fifth and Fourteenth

Amendments to the United States Constitution and Article I, Section 10 of the Ohio

Constitution. We conclude that it does.

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{¶124} At sentencing, defense counsel preserved this issue on the record,

objecting as follows: “We’re going to object to the imposition of both 3 year gun

specifications on constitutional grounds. This was, I think it’s one course of conduct. I

think it’s punishing the same conduct in two separate ways so we’d just like the record to

reflect our objection.” The trial court noted the objection, stating: “I’ll note [defense

counsel’s] objection to the consecutive nature of the firearm specifications in Count 1 and

Count 2 which the underlying offense merged with one another.” The objection was

overruled. The issue is therefore preserved for appellate review. Whether a sentence

violates the Double Jeopardy Clause is a question of law, which we review de novo. State

v. Ruff, 2015-Ohio-995, ¶ 12.

{¶125} The Double Jeopardy Clause of the Fifth Amendment, made applicable to

the States through the Fourteenth Amendment, provides that no person shall “be subject

for the same offence to be twice put in jeopardy of life or limb. . . .” U.S. Const. amend.

V; U.S. Const. amend. XIV, § 1; Benton v. Maryland, 395 U.S. 784, 794 (1969). Among

the protections afforded by this guarantee is the prohibition against multiple punishments

for the same offense imposed in a single proceeding. North Carolina v. Pearce, 395 U.S.

711, 717 (1969). See also State v. Mutter, 2017-Ohio-2928, ¶ 15. Article I, Section 10 of

the Ohio Constitution independently provides that “[n]o person shall be twice put in

jeopardy for the same offense.” Ohio Const. art. I, § 10. The two constitutional provisions

protect against the same perils. Here, we are concerned with the protection against

multiple punishments for the same offense.

{¶126} In Missouri v. Hunter, 459 U.S. 359, 366 (1983), the United States Supreme

Court held that “with respect to cumulative sentences imposed in a single trial, the Double

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Jeopardy Clause does no more than prevent the sentencing court from prescribing

greater punishment than the legislature intended.” Under Hunter, when a legislature

specifically authorizes cumulative punishment, a court may impose cumulative sentences

without running afoul of the Double Jeopardy Clause. Id. at 368-69.

{¶127} Critically, however, the converse is equally binding: where the elements of

two offenses completely overlap—where one is a lesser included offense of the other—

multiple punishments are presumptively precluded unless there is “a clear indication of

contrary legislative intent.” Whalen v. United States, 445 U.S. 684, 691-692 (1980); see

Blockburger v. United States, 284 U.S. 299, 304 (1932).

{¶128} In January 2026, the United States Supreme Court unanimously reaffirmed

and strengthened this principle in Barrett v. United States, 607 U.S. ___, 146 S.Ct. 482,

223 L.Ed.2d 398 (2026). In Barrett, the Court held that the Double Jeopardy Clause

prohibited two convictions for a single act that violated two closely related federal firearm

offenses—18 U.S.C. 924(c)(1)(A)(i) and 18 U.S.C. 924(j)—where the first was a lesser

included offense of the second. Writing for the Court, Justice Jackson held that “[a]ll lesser

included offenses are the ‘same’ as their greater cousins under Blockburger.” Id., 146

S.Ct. at 491. The Court cited with approval the Whalen Court’s holding that cumulative

punishment for lesser included offenses requires a “‘clear indication of contrary legislative

intent.’” Id., quoting Whalen at 691-692. The Barrett Court emphasized that “‘[w]hen

Congress has the will’ to authorize dual punishment for the same offense, Congress ‘has

no difficulty in expressing it,’” id., 146 S.Ct. at 492, quoting Bell v. United States, 349 U.S.

81, 83 (1955), and that silence on the point “speaks volumes.” Barrett, 146 S.Ct. at 492.

The Court further clarified that the Blockburger analysis addresses “the permissibility of

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multiple convictions, not just multiple sentences,” and that “‘punishment’ means ‘a

criminal conviction and not simply the imposition of sentence.’” (Emphasis in original.)

Barrett, 146 S.Ct. at 492-493, quoting Ball v. United States, 470 U.S. 856, 861 (1985).

{¶129} Justice Gorsuch’s concurrence sharpened the constitutional point further.

He questioned whether any legislature may authorize cumulative punishment for the

same offense in concurrent prosecutions, observing: “Mr. Barrett really was charged twice

for one offense. He really was convicted twice. Before our intervention, he really was set

to be criminally punished twice. And whatever Congress might or might not intend, that is

double jeopardy.” (Emphasis in original.) Barrett, 146 S.Ct. at 500 (Gorsuch, J.,

concurring in part). Justice Gorsuch further noted that “in all the years since Dixon, we

have not found a single case in which the ‘Blockburger presumption’ against concurrent

prosecutions for the same offense was, in fact, overcome by a clear congressional

command.” Id., 146 S.Ct. at 499.

{¶130} Applying Barrett’s framework to this case, we begin with the relationship

between the two offenses at issue. Aggravated robbery under R.C. 2911.01(A)(1)

requires proof that the offender, in attempting or committing a theft offense, had a deadly

weapon on or about the offender’s person or under the offender’s control and either

displayed the weapon, brandished it, indicated that the offender possessed it, or used it.

Attempted grand theft of a motor vehicle requires proof that the offender attempted to

knowingly obtain or exert control over a motor vehicle. R.C. 2923.02; R.C. 2913.02(A)(1).

{¶131} The attempted theft is subsumed entirely within the aggravated robbery. It

is not merely an allied offense of similar import—it is a constituent element of the greater

offense. Aggravated robbery is, in essence, attempted or completed theft plus the

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presence, display, or use of a deadly weapon. The trial court correctly recognized this by

merging the attempted grand theft count into the aggravated robbery under R.C. 2941.25.

This merger determination confirms what the statutory structure compels: these offenses

arise from the same conduct, and the attempted grand theft is a lesser included offense

of the aggravated robbery.

{¶132} Under Barrett and Blockburger, the attempted grand theft and the

aggravated robbery are therefore the “same offence” for double jeopardy purposes. The

firearm specifications attached to each count punish the identical firearm conduct—the

display and use of the same firearm during the same criminal episode against the same

victim. Imposing a second three-year mandatory specification term for the specification

on the merged lesser included offense constitutes cumulative punishment for the “same

offence” within the meaning of the Fifth and Fourteenth Amendments.

{¶133} The State argues that the General Assembly “specifically authorized”

cumulative specification sentences in R.C. 2929.14(B)(1)(g), invoking Bollar’s holding

that firearm specifications survive merger of the underlying counts. But Barrett teaches

that cumulative punishment for the same offense requires a “‘clear indication of . . .

legislative intent.’” Id., 146 S.Ct. at 491, quoting Whalen, 445 U.S. at 692. We are not

persuaded that such clarity exists here.

{¶134} In Whitfield, 2010-Ohio-2, at ¶ 12, the Ohio Supreme Court held that a

“‘conviction’ consists of a guilty verdict and the imposition of a sentence or penalty.”

(Emphasis in original.) Id., quoting R.C. 2941.25. No sentence was imposed on the

attempted grand theft of a motor vehicle count. It merged into the aggravated robbery,

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and the State elected to proceed to sentencing on the aggravated robbery count. Under

Whitfield, there is no “conviction” on the attempted grand theft count.

{¶135} R.C. 2929.14(B)(1)(g) triggers when “an offender is convicted of or pleads

guilty to two or more felonies” and accompanying specifications. The Ohio Supreme Court

in Bollar acknowledged that Whitfield’s definition “may be seen as creating tension with

R.C. 2929.14(B)(1)(g),” Bollar, 2022-Ohio-4370, ¶ 15, and addressed this tension by

carving out a narrow exception, holding that “convicted” in (B)(1)(g) means simply “found

guilty”—not the Whitfield definition. Bollar at ¶ 16.

{¶136} R.C. 2929.01(EE) defines “sentence” as “the sanction or combination of

sanctions imposed by the sentencing court on an offender who is convicted of or pleads

guilty to an offense.” (Emphasis added.) Likewise, a “sanction,” such as a prison term, is

“any penalty imposed upon an offender who is convicted of or pleads guilty to an offense,

as punishment for the offense.” (Emphasis added.) R.C. 2929.01(DD). These statutory

definitions require that there be a predicate “offense” to support a “sentence” or a

“sanction.” Also, pursuant to the Ohio Revised Code, an “offense” must include a

“prohibition.” R.C. 2901.03(B) provides that “[a]n offense is defined when one or more

sections of the Revised Code state a positive prohibition or enjoin a specific duty, and

provide a penalty for violation of such prohibition or failure to meet such duty.”

{¶137} A firearm specification cannot be tried on its own because “[it] is, by its very

nature, ancillary to, and completely dependent upon, the existence of the underlying

criminal charge or charges to which the specification is attached.” State v. Nagel, 1999-Ohio-507, ¶ 15. It is a “penalty enhancement” for the predicate offense, not its own

criminal offense. State v. Ford, 2011-Ohio-765, paragraph one of the syllabus. “Moreover,

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the placement of R.C. 2941.145 and 2929.14 within the Revised Code confirms that the

firearm specification is merely a sentence enhancement, not a separate criminal offense.”

Ford at ¶ 17. Considering these points, “when the trial court sentences a defendant for

a firearm specification, it is not sentencing for a separate offense but instead is imposing

additional punishment for the underlying offense.” (Emphasis added.) State v. Logan,

2025-Ohio-1772, ¶ 12.

{¶138} Barrett requires us to view statutory ambiguity through a constitutional lens.

The fact that the Bollar Court was required to redefine the established meaning of

“conviction” in Ohio law to reach the cumulative-punishment result is itself powerful

evidence that the General Assembly did not clearly authorize cumulative specification

sentences in this configuration. Indeed, R.C. 2929.14(B)(1)(g) states that a conviction or

a plea of guilty triggers multiple firearm specifications. Yet the Supreme Court of Ohio

judicially engrafted a definition of “conviction” that was inconsistent with its and the legal

community’s understanding of the term. If the General Assembly wished to reach this end

or goal, it could have provided that a “finding or verdict of guilty or a plea of guilty” would

trigger the application of R.C. 2929.14(B)(1)(g). It did not do so.

{¶139} A statute using operative terms that must be read contrary to the State’s

own Supreme Court definition is, at minimum, ambiguous. Barrett’s Blockburger

presumption resolves that ambiguity against cumulative punishment. As the Barrett Court

explained, a legislature must provide “‘a clear indication’” of intent to authorize cumulative

punishment for the same offense. Id., 146 S.Ct. at 491, quoting Whalen, 445 U.S. at 691-692. Where the legislature used a term—“convicted”—that under established Ohio law

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requires a sentence, and no sentence was imposed on the merged count, the

authorization is not clear.

{¶140} Moreover, we observe that R.C. 2929.14(B)(1)(b)—the general rule

governing specification sentencing—expressly provides: “Except as provided in division

(B)(1)(g) of this section, a court shall not impose more than one prison term on an offender

under division (B)(1)(a) of this section for felonies committed as part of the same act or

transaction.” The General Assembly thus established a default prohibition against

cumulative specification sentences for the same transaction. Division (B)(1)(g) creates an

exception—but only for the narrowly enumerated felonies. When, as here, the

enumerated felony (aggravated robbery) and the merged count (attempted grand theft)

are the “same offense” under Blockburger because one is a lesser included offense of

the other, the cumulative punishment for specifications on both offenses exceeds what

we can conclude the legislature clearly authorized.

{¶141} A supplementary and reinforcing argument is that a firearm specification is

a sentencing enhancement that rises and falls with a conviction of the underlying offense.

See Ford, 2011-Ohio-765, at paragraph one of the syllabus (holding that “a firearm

specification is a penalty enhancement, not a criminal offense”); Logan, 2025-Ohio-1772,

at ¶ 9-12 (reaffirming this principle). When the predicate offense is merged and not

sentenced—and thus not “convicted” under Whitfield—the specification lacks a predicate

on which to operate. See id., 2010-Ohio-2, at ¶ 12.

{¶142} Bollar held that R.C. 2929.14(B)(1)(g) provides a statutory exception that

keeps the specification alive even when the underlying count is merged. Id., 2022-Ohio4370, at ¶ 16. But this holding—which depends on redefining “convicted”—must now be

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read in light of Barrett’s insistence on clear legislative authorization for cumulative

punishment of the same offense. Id., 146 S.Ct. at 491. Where, as here, the merged

offense is not merely an allied offense but a lesser included offense of the surviving count,

and where the firearm specifications on both counts punish the identical firearm conduct,

we hold that the imposition of the second specification sentence exceeds the punishment

that the General Assembly clearly authorized and violates the Double Jeopardy Clause.

{¶143} As the Ohio Supreme Court candidly acknowledged in Beatty, 2024-Ohio5684, at ¶ 28, “Ohio’s criminal-sentencing scheme is a bloated labyrinth of specialized

provisions, inter- and intra-statutory cross-references, exceptions, and exceptions to

exceptions.” Labyrinthine complexity is the antithesis of clear legislative authorization.

Where the statutory framework is so convoluted that the Ohio Supreme Court itself must

redefine established legal terminology (Whitfield’s definition of “conviction”) to reach the

cumulative-punishment result, and where the resulting sentence punishes the same

firearm conduct twice through specifications on what Barrett would recognize as the same

offense, we cannot say with the clarity the Constitution demands that the General

Assembly authorized this outcome.

{¶144} We are mindful that Bollar is binding Ohio authority. However, Barrett, 607

U.S. ___, 146 S.Ct. 482, supplies a federal constitutional overlay that was not before the

Bollar court. Under the Supremacy Clause, U.S. Const. art. VI, cl. 2, when a state

sentencing scheme, as applied, produces cumulative punishment for the same offense

under the Blockburger framework without clear legislative authorization, the Fifth

Amendment—as interpreted by the United States Supreme Court—imposes an

independent limitation that this court must honor. We hold that the imposition of a second

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consecutive three-year mandatory firearm specification on the merged attempted grand

theft of a motor vehicle count—a lesser included offense of the aggravated robbery for

which no sentence was imposed—violates the Double Jeopardy Clauses of the Fifth and

Fourteenth Amendments to the United States Constitution and Article I, Section 10 of the

Ohio Constitution. The three-year specification on the merged count is vacated.

C. Corrected Application of R.C. 2929.14(B)(1)(g) Following Vacation of the

Second Specification

{¶145} With the vacation of the three-year specification on the merged attempted

grand theft count, the remaining firearm specifications are the three-year specification on

the aggravated robbery (a R.C. 2941.145 specification) and the one-year specification on

the receiving stolen property (a R.C. 2941.141 specification). Under R.C.

2929.14(B)(1)(g), the sentencing court “shall impose on the offender the prison term

specified under division (B)(1)(a) of this section for each of the two most serious

specifications . . . .” Because only two specifications remain, these are necessarily the

“two most serious . . . .” The three-year specification is the most serious, and the oneyear specification is the second most serious. Both are mandatory under (B)(1)(g), and

R.C. 2929.14(C)(1)(a) requires mandatory specification prison terms to be served

consecutively. The trial court imposed the one-year specification consecutively. This was

correct.

{¶146} Accordingly, Mr. Hagwood’s eighth assignment of error—challenging the

consecutive nature of the one-year specification under Beatty, 2024-Ohio-5684—lacks

merit as to that specification. Under our corrected sentencing framework, the one-year

specification is mandatory under (B)(1)(g) as the second most serious specification, and

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Beatty’s holding regarding the concurrent presumption for discretionary specification

terms does not apply to mandatory terms. R.C. 2929.14(C)(1)(a) governs, and it requires

consecutive service. The eighth assignment of error is well-taken only insofar as the

second three-year specification is vacated on double jeopardy grounds as set forth above.

{¶147} Under his ninth assigned error, Mr. Hagwood claims the trial court erred by

failing to specify which firearm specifications constituted the “two most serious” under

R.C. 2929.14(C)(1)(a)-(b) and by relying on the repealed version of R.C.

2929.14(B)(1)(g). In light of our vacation of the second three-year specification, only two

specifications remain, eliminating the need for the trial court to identify the “two most

serious”—they are the only two. To the extent the trial court relied on a prior version of

R.C. 2929.14(B)(1)(g), the current version of the statute produces the same result: the

two remaining specifications are mandatory and consecutive. This assignment of error is

rendered moot by our disposition above.

{¶148} Under his tenth assigned error, Mr. Hagwood argues the trial court imposed

consecutive firearm-specification prison terms in express reliance on a repealed statutory

provision. To the extent this argument overlaps with the ninth assignment, it is likewise

moot. The corrected sentence is imposed under the current version of R.C.

2929.14(B)(1)(g) and (C)(1)(a).

D. Corrected Sentence

{¶149} In light of our disposition of the foregoing sentencing issues, Mr. Hagwood’s

sentence must be corrected. The three-year mandatory firearm specification on the

merged attempted grand theft count is vacated as violative of double jeopardy. The

remaining specifications—the three-year specification on the aggravated robbery and the

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one-year specification on the receiving stolen property—are the “two most serious” under

R.C. 2929.14(B)(1)(g) and are mandatory and consecutive under R.C. 2929.14(C)(1)(a).

The corrected sentence is therefore: an indefinite term of four to six years on the

aggravated robbery count, served concurrently with 18 months on the receiving stolen

property count, preceded by a mandatory three-year firearm specification and a

mandatory one-year firearm specification, both served consecutively and prior to the

underlying sentences. The corrected aggregate sentence is an indefinite term of eight to

ten years.

{¶150} Mr. Hagwood’s eighth assignment of error is well-taken in part and without

merit in part.

{¶151} Mr. Hagwood’s ninth and tenth assignments of error are rendered moot by

our disposition of his eighth assignment of error.

X. Cumulative Error

{¶152} For his eleventh and final assignment of error, Mr. Hagwood claims:

“The cumulative effect of the errors at trial deprived appellant of a fair trial and due

process of law.”

{¶153} Because this court has found no errors in the course of the trial, the

cumulative-error doctrine is inapplicable as to the trial proceedings. The sentencing error

we have identified is corrected by our disposition above.

{¶154} Mr. Hagwood’s eleventh assigned error is without merit.

XI. Conclusion

{¶155} For the reasons discussed in this opinion, the judgment of the Lake County

Court of Common Pleas is affirmed in part, reversed in part, and remanded for the limited

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purpose of the trial court to enter judgment on sentence reflecting the vacation of the

three-year firearm specification on the merged attempted grand theft of a motor vehicle

count. The corrected aggregate sentence is an indefinite term of eight to ten years.

MATT LYNCH, P.J.,

SCOTT LYNCH, J.,

concur.

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JUDGMENT ENTRY

For the reasons stated in the opinion of this court, appellant’s assignments of error one through seven, as well as assigned error eleven, are without merit. Assignment of error eight has merit in part and is without merit in part. Assigned errors nine and ten are rendered moot by this court’s disposition of the eighth assigned error. It is the judgment and order of this court that the judgment of the Lake County Court of Common Pleas is affirmed in part, reversed in part, and remanded for the limited purpose of the trial court to enter judgment on sentence reflecting: (1) the vacation of the second three-year mandatory firearm specification on the attempted grand theft of a motor vehicle count as violative of the Double Jeopardy Clauses of the Fifth and Fourteenth Amendments to the United States Constitution, Article I, Section 10 of the Ohio Constitution, and Barrett v. United States, 607 U.S. ___, 146 S.Ct. 482 (2026); and (2) the corrected aggregate sentence of an indefinite term of eight to ten years, reflecting the mandatory consecutive service of the remaining three-year and one-year firearm specifications under R.C. 2929.14(B)(1)(g) and (C)(1)(a).

Costs to be taxed against the parties equally.

JUDGE EUGENE A. LUCCI

PRESIDING JUDGE MATT LYNCH,

concurs

JUDGE SCOTT LYNCH,

concurs

THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY

A certified copy of this opinion and judgment entry shall constitute the mandate

pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.

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