[Cite as State v. Ibrahim, 2020-Ohio-3425.] IN THE COURT OF APPEALS OF OHIO TENTH APPELLATE DISTRICT State of Ohio, : Plaintiff-Appellee, : No. 17AP-557 (C.P.C. No. 12CR-509) v. : (REGULAR CALENDAR) Mohamed A. Ibrahim, : Defendant-Appellant. : D E C I S I O N Rendered on June 23, 2020 On brief: Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellee. Argued: Barbara A. Farnbacher. On brief: Alan D. Gabel, for appellant. Argued: Alan D. Gabel. APPEAL from the Franklin County Court of Common Pleas BROWN, J. {¶ 1} This is an appeal by defendant-appellant, Mohamed A. Ibrahim, from a judgment of the Franklin County Court of Common Pleas denying his petition for post- conviction relief and motion for a new trial. {¶ 2} We initially summarize the underlying facts and procedural history of this case as set forth in two prior decisions of this court, State v. Ibrahim, 10th Dist. No. 13AP- 167, 2014-Ohio-666 ("Ibrahim I"), involving appellant's direct appeal of his convictions, and State v. Ibrahim, 10th Dist. No. 14AP-355, 2014-Ohio-5307 ("Ibrahim II"), in which appellant appealed the trial court's judgment denying a hearing on his petition for post- conviction relief. On January 31, 2012, appellant and a co-defendant, Mohamed M. Noor, were charged in a 47-count indictment for aggravated burglary, felonious assault, kidnapping, aggravated robbery, as well as attendant firearm specifications. No. 17AP-557 2 {¶ 3} The indictment arose out of a "home invasion" at the residence of Farheyo Abdulkar ("Farheyo"). Ibrahim II at ¶ 2. On January 21, 2012, "a number of Somali friends and acquaintances were gathered at an apartment located at 3740 Eakin Road." Ibrahim I at ¶ 2. Shortly after midnight, appellant and Noor "forcefully entered the apartment wearing masks." Id. Appellant "was armed with a handgun," and "[t]he intruders ordered the occupants of the apartment to the floor and began to rob them of their wallets, cell phones, and other belongings." Id. Appellant and Noor "trashed the apartment and terrorized the occupants by kicking them, putting the gun against their heads, and threatening their lives for approximately 30 minutes." Id. {¶ 4} During the incident, appellant "pistol-whipped one victim in the head," injuring that person and causing the weapon to discharge, the bullet striking "another victim in the stomach." Ibrahim I at ¶ 3. After the weapon discharged, "the situation changed and the occupants of the apartment rose up against the intruders, disarmed appellant, and beat appellant and the co-defendant with punches, kicks, and blows from a baseball bat." Id. The shooting victim "escaped the apartment through a small window in the bathroom," and "placed one of the 911 calls that brought police and medics to the scene to neutralize the situation and tend to the injured." Id. {¶ 5} In January 2013, the matter came for trial before a jury. Following the presentation of evidence, the jury returned verdicts finding appellant guilty of 1 count of aggravated burglary, 2 counts of felonious assault, 11 counts of kidnapping, and 11 counts ...
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