Ohio Supreme Court to Resolve HB 86 Conflict

HB 86 raised the felony theft level from $500 to $1000.00. The bill stated that anyone found guilty before its effective date of 9.30.2011 but sentenced after that date for stealing less than $1000 but more than $500 would be sentenced as if for a misdemeanor. The issue then became whether the defendant was being sentenced for a felony or for a misdemeanor? That is would the sentencing entry read that the defendant was convicted for a felony, but with a misdemeanor sentence, or was convicted of a misdemeanor with a misdemeanor sentence?

This issue has caused a conflict in Ohio's courts of appeals. The Ninth has ruled that the defendant has been convicted of a felony but other appellate courts have held that such a defendant is convicted of a misdemeanor. The issue to be resolved is stated this way by the Ohio Supreme Court: "A defendant [may] benefit from a decrease in a classification and penalty of an offense by the General Assembly [that becomes effective] between the time the defendant committed the offense and the time of his sentencing on that offense[.]" 

The Ninth decision accepted for review is State v. Taylor, 2012 Ohio 5403.

Brunswick Man Pleads Guilty to Theft

Alexander Tomovich, 36, of West 130th Street in Brunswick, Ohio, appeared in Judge Kimbler's courtroom on Tuesday, January 4, 2010 and entered a guilty plea to one count of Theft over $500.00, a fifth degree felony. Originally Mr. Tomovich had been indicted for one count of Breading and Entering in addition to the Theft charge. The State of Ohio agreed to dismiss the Breaking and Entering charge in exchange for a guilty plea to the Theft count.

After taking Mr. Tomovich's guilty plea, Judge Kimbler ordered a presentence investigation and set a sentencing date of February 11, 2011 at 8:30 am. Judge Kimbler continued Mr. Tomovich's bond pending sentencing.