Robbery conviction, sentence against Warren man stands
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A Warren man this week lost his appeal as a panel of judges from the Ohio 11th District Court of Appeals affirmed his jury trial conviction and 13-to 18-year prison sentence.
He was convicted in a robbery at a Dollar General store in Warren Township in January 2022.
In an opinion written by Judge Eugene A. Lucci and affirmed by fellow judges John J. Eklund and Robert J. Patton, disagreed with the appeal argument of Karindu Mallory, 44.
A Trumbull County jury in March 2023 found the Warren resident guilty of one charge of aggravated robbery with a gun specification.
The trial was held before Common Pleas Judge Sean O’Brien and Assistant Prosecutor Charles Morrow represented the state.
Mallory was convicted of an early morning holdup of the convenience store on Jan. 2, later identified as one of two masked men involved in the robbery.
In the appeal, Mallory’s lawyer, Rhys B. Cartwright-Jones of Youngstown, challenged the trial evidence pertaining to his identity as one of the robbers.
“After complete review of the record, this is not the extraordinary case where the jury clearly lost its way in determining that Mallory was a perpetrator… thus Mallory’s conviction is not against the manifest weight of the evidence and is there necessarily supported by sufficient evidence,” Judge Lucci wrote.
Testimony from the three-day trial showed that a manager was forced to empty the contents of a safe and the store’s cash register into two bags shortly after the store’s opening.
One of the bags, however, had a hole in it.
As the men were fleeing in the parking lot of the store, they dropped money.
In appeal, Mallory’s lawyer also stated the evidence against him was solely circumstantial because his identification as one of the robbers was based on the color of his shoes.
However, the 11th District judges disagreed.
Mallory is now housed in Richland Correctional Institution in Mansfield.
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