POMEROY — A Columbus man had his prison sentence reduced by eight years on Monday after the Fourth District Court of Appeals remanded the case for resentencing.
Jacques Goerges K. Daboni, 27, appeared alongside public defenders John Cornely and Katherine Ross-Kinzie for the hearing before Judge I.Carson Crow. Prosecutor James K. Stanley and Assistant Prosecutor Jeff Adkins represented the state at the hearing.
Daboni was initially serving a 32 year prison sentence after being convicted on charges in three separate criminal cases in 2016. Among the convictions were trafficking in heroin, possession of heroin and engaging in a pattern of corrupt activity.
On appeal, Daboni claimed eight assignments of error, with the Fourth District Court of Appeals agreeing with Daboni on one of those errors. That resulted in Monday’s resentencing hearing.
As previously reported, the lone error the court of appeals agreed with involved the merging of one count of possession of heroin, a second-degree felony, with the trafficking in heroin charge.
Other errors asserted by Daboni’ counsel in the appeal included, the verdicts for engaging in a pattern of corrupt activity were not supported by sufficient evidence; the right to a fair trial and due process were violated; and the imposition of maximum possible sentences on all counts was not clearly and convincingly supported by the record. Daboni raised the following assignments of error in his own filings: his trial counsel was ineffective in either waiving or failing to finish the suppression hearing; his Fourth Amendment rights were violated when officers searched his residence without probable cause for arrest and without a search warrant or consent; the trial court erred and abused its discretion by failing to ensure Daboni had a full suppression hearing and his constitutional rights were protected; and that he is actually innocent.
The appeals court affirmed the decision of the court and overruled all of the assignments of error other than the merger of the charges for which he was resentenced on Monday.
In following the order of the appeals court, Judge Crow sentenced Daboni to a total prison term of 24 years, merging the two counts which had previously been ordered to run consecutively at eight years each.
In a separate matter during Monday’s hearing, Daboni, through Cornely, made an oral motion for a new trial in the case due to claims of lack of probable cause and suppression of evidence in the case. Crow denied the motion.
Following the hearing Daboni was transported back to NorthEast Ohio Correctional Center following Monday’s hearing to resume serving his sentence.
Sarah Hawley is the managing editor of The Daily Sentinel.