Breh was trying to appeal
The link to the full 20 page appeals court docket is here:
State v. Howse - 2020-Ohio-916
law.justia.com
I’ve quoted a few of the juicy parts:
“Howse did not raise any issue challenging the trial court’s imposition of the maximum sentence on each individual count or challenge the trial court’s imposition of consecutive sentences. This court will only address assignments of error that are raised in the appeal. See App.R. 12 (“[A] court of appeals shall * * * [d]etermine the appeal on its merits on the assignments of error set forth in the briefs under App.R. 16, the record on appeal under App.R. 9, and, unless waived, the oral argument under App.R. 21.”
“The burglary, aggravated burglary, robbery, aggravated robbery, and kidnapping counts carried one- and three-year firearm, notice of prior conviction, and repeat violent offender specifications. The grand theft and theft carried one- and three-year firearm specifications. The charges arose after two incidents that occurred within “a span of less than 48 hours.” First, around 12:00 a.m. on September 13, 2018, a female victim walked into her bedroom and noticed that the screen door was open. She then saw a pair of shoes “sticking up from the side of the bed.” A man jumped up and pointed a gun at her. She screamed, ran into her bathroom, locked the door, and called 911. The second incident occurred around 8:30 p.m. on September 14, 2018. A male victim noticed that a light was on in his barn, which had been converted to a living area with a bar, entertainment area, and an office. The barn was approximately 20 yards from the house. The victim walked to the barn and was going to turn the light off when Howse “pops up from behind the bar, threatens to shoot [the victim], points a gun at him, [and] starts asking him where money is.” Howse then noticed that there was a safe in the barn. Howse pointed the gun at the victim’s head and made him walk to the safe and open it. Once the safe was open, Howse made the victim get on the ground. At this point, the victim noticed that Howse had “a GPS monitor on his ankle.” Howse rummaged through the safe and found a leather handbag. Howse filled the handbag with a handgun, alcohol, headphones, a camera, and equipment for the camera. Howse then began asking the victim where the money was. The victim stated that he did not have any money on him because it was in the house. After approximately 30 minutes, Howse took the victim by gunpoint from the barn to his house. Howse asked the victim who was in the house. The victim responded that his wife and children were in the house and that “he wasn’t getting in the expletive house.” When the victim swore at Howse, Howse threatened to shoot him in the head. The victim cracked the door open and yelled to his wife, “Give me all the money you can find.” The victim’s wife grabbed the money from her husband’s wallet and realized that they were being robbed. The victim’s wife gave the money to her husband, who then gave it to Howse. The victim’s wife then called 911. As Howse was picking up “his bag” to put the money in it, the victim was able to escape and lock himself in his house. The victim ran upstairs to get his gun and waited for police to arrive. Police found Howse through the GPS monitor on his ankle.”
