The following paragraphs appear in R.C. 5149.36, as amended and/or enacted by HB 86:
SECTION 3. The amendments to sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised Code, and to division (W) of section 2929.01 of the Revised Code, that are made in this act apply to a person who commits an offense involving marihuana, cocaine, or hashish on or after the effective date of this act and to a person to whom division (B) of section 1.58 of the Revised Code makes the amendments applicable.
The provisions of sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised Code, and of division (W) of section 2929.01 of the Revised Code, in existence prior to the effective date of this act shall apply to a person upon whom a court imposed sentence prior to the effective date of this act for an offense involving marihuana, cocaine, or hashish. The amendments to sections 2925.01, 2925.03, 2925.05, and 2925.11 of the Revised Code, and to division (W) of section 2929.01 of the Revised Code, that are made in this act do not apply to a person upon whom a court imposed sentence prior to the effective date of this act for an offense involving marihuana, cocaine, or hashish.
SECTION 4. The amendments to sections 926.99, 1333.99, 1707.99, 1716.99, 2909.03, 2909.05, 2909.11, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.40, 2913.401, 2913.42, 2913.421, 2913.43, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2913.61, 2915.05, 2917.21, 2917.31, 2917.32, 2921.13, 2921.41, 2923.31, and 2981.07, division (B) of section 2929.13, and division (A) of section 2929.14 of the Revised Code that are made in this act apply to a person who commits an offense specified or penalized under those sections on or after the effective date of this section and to a person to whom division (B) of section 1.58 of the Revised Code makes the amendments applicable.
Tuesday, July 26, 2011
Wednesday, July 20, 2011
HB 265 Would Give State the Right to Jury Trial
Section 1. That sections 1901.24, 1907.29, 2152.67, 2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code be amended to read as follows:
Sec. 1901.24. (A) A jury trial in a municipal court shall be demanded in the manner prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure. The number of persons composing a jury and the verdicts of jurors shall be governed by those rules.
(B) The right of a person to a jury trial in a municipal court is waived under the circumstances prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure.
(C) The prosecuting attorney, a village solicitor, a city director of law, or a similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a municipal court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
Sec. 1907.29. (A) A jury trial shall be demanded in the manner prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure. The number of persons composing a jury and the verdicts of jurors shall be governed by those rules.
(B) The right of a person to a jury trial is waived under the circumstances prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure.
(C) The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a county court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
(D) If, as a result of challenges or other causes, a jury panel is not full, the deputy sheriff or constable who is in attendance at a trial before a county court may fill the panel in the same manner as the sheriff fills a panel in the court of common pleas.
(E) The judge of the county court involved in a case shall administer an oath to the jury to try the matters in difference between the parties that are to be determined by the jury, and to give a verdict in accordance with the evidence.
(F) After the jurors are sworn in a case before a county court, they shall sit together and hear the proofs and allegations of the parties. After the hearing, the jury shall be kept together in a convenient place until they have agreed upon their verdict or have been discharged by the county court judge involved in the case.
(G) If an action being tried to a jury in a county court is continued, the jurors shall attend at the time and place appointed for trial without further notice.
(H) The judge of a county court involved in a case may punish as for contempt any juror who neglects or refuses to attend when properly summoned or who, although in attendance, refuses to serve.
(I) If, in a civil action before a county court, the judge is satisfied that the number of jurors required by Civil Rule 48 for concurrence purposes cannot concur in a verdict, and the jury has deliberated upon the verdict for a reasonable time, the judge may discharge the jury and continue the action. If either party requests a new jury, the judge shall cause the selection of another jury. If the action is continued, it shall be continued to a time that the judge considers reasonable unless the parties or their attorneys agree on a longer or shorter time.
Sec. 2152.67. Any adult who is arrested or charged under any provision in this chapter and who is charged with a crime may demand a trial by jury. The prosecuting attorney may demand a trial by jury notwithstanding a defendant's failure to demand a trial by jury and over the objection of the defendant. The juvenile judge upon the judge's own motion may call a jury. A demand for a jury trial shall be made in writing in not less than three days before the date set for trial, or within three days after counsel has been retained, whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to the drawing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to a jury trial under this section. The compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same manner as in criminal cases in the court of common pleas.
Sec. 2937.08. Upon a plea of not guilty or a plea of once in jeopardy, if the charge be a misdemeanor in a court of record, the court shall proceed to set the matter for trial at a future time, pursuant to Chapter 2938. of the Revised Code, and shall let accused to bail pending such trial. Or the court may, but only if both prosecutor and accused expressly consent, set the matter for trial forthwith.
Upon the entry of such pleas to a charge of misdemeanor in a court not of record, the magistrate shall forthwith set the matter for future trial or, with the consent of both state and defendant may set trial forthwith, both pursuant to Chapter 2938. of the Revised Code. If the nature of the offense is such that right to jury trial exists, such matter shall not be tried before the magistrate unless the accused, by writing subscribed by the accused, waives a jury and consents to be tried by the magistrate and the prosecutor does not request a trial by jury. The prosecutor may demand a jury trial in any matter that the defendant has the right to jury trial. If the prosecutor demands a jury trial, the matter shall not be tried before the magistrate, notwithstanding the defendant's waiver of a jury trial or the objection of the defendant.
If the defendant in such event does not waive right to jury trial or if the prosecutor requests a trial by jury, then the magistrate shall require the accused to enter into recognizance to appear before a court of record in the county, set by such magistrate, and the magistrate shall thereupon certify all papers filed, together with transcript of proceedings and accrued costs to date, and such recognizance if given, to such designated court of record. Such transfer shall not require the filing of indictment or information and trial shall proceed in the transferee court pursuant to Chapter 2938. of the Revised Code.
Sec. 2938.04. (A) In courts of record, the right to trial by jury as defined in section 2945.17 of the Revised Code shall be claimed by making demand in writing therefor for a jury trial and filing the same demand with the clerk of the court not less than three days prior to the date set for trial or on the day following receipt of notice whichever is the later. Failure to claim jury trial as provided in this section is a complete waiver of right thereto to a jury trial. In courts not of record, a jury trial may not be had, but a failure to waive a jury trial in writing where right to a jury trial may be asserted shall require the magistrate to certify such the case to a court of record as provided in section 2937.08 of the Revised Code.
(B) The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting a criminal case before a court of record under this chapter may demand a jury trial in any case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
Sec. 2938.05. Claim of A defendant's claim for a jury trial, once made, may be withdrawn by a defendant by a written waiver of a jury trial. A defendant's withdrawal of a claim for a jury trial does not affect a demand for a jury trial by a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer under section 2938.04 of the Revised Code. If a jury has been summoned, pursuant to the defendant's claim for a jury trial, the court may require accused the defendant to pay all costs of mileage and fees of members of the venire for one day's service, notwithstanding the outcome of the case. No withdrawal of a claim for a jury trial shall effect any re-transfer of a case, once it has been certified to a court of record.
Sec. 2945.05. (A) In all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such A waiver of a trial by jury by a defendant, shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof. It shall be entitled in the court and cause, and in substance as follows: "I ..............., defendant in the above cause, hereby voluntarily waive and relinquish my right to a trial by jury, and elect to be tried by a Judge of the Court in which the said cause may be pending. I fully understand that under the laws of this state, I have a constitutional right to a trial by jury."
Such A waiver of trial by jury must be made in open court after the defendant has been arraigned and has had an opportunity to consult with counsel. Such The waiver may be withdrawn by the defendant at any time before the commencement of the trial.
(B) The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case may demand a trial by jury in any criminal case that is pending in a court of record in this state in which a defendant may demand a trial by jury. The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case may demand a trial by jury notwithstanding the defendant's waiver of a trial by jury and over the objection of the defendant.
Sec. 2945.06. In any case in which a defendant waives his the right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, if the prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case has not demanded a trial by jury in that case any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules and in like manner as if the cause were being tried before a jury. If the accused is charged with an offense punishable with death, he shall be tried by a court to be composed of three judges, consisting of the judge presiding at the time in the trial of criminal cases and two other judges to be designated by the presiding judge or chief justice of that court, and in case there is neither a presiding judge nor a chief justice, by the chief justice of the supreme court. The judges or a majority of them may decide all questions of fact and law arising upon the trial; however the accused shall not be found guilty or not guilty of any offense unless the judges unanimously find the accused guilty or not guilty. If the accused pleads guilty of aggravated murder, a court composed of three judges shall examine the witnesses, determine whether the accused is guilty of aggravated murder or any other offense, and pronounce sentence accordingly. The court shall follow the procedures contained in sections 2929.03 and 2929.04 of the Revised Code in all cases in which the accused is charged with an offense punishable by death. If in the composition of the court it is necessary that a judge from another county be assigned by the chief justice, the judge from another county shall be compensated for the judge's services as provided by section 141.07 of the Revised Code.
Section 2. That existing sections 1901.24, 1907.29, 2152.67, 2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code are hereby repealed.
Sec. 1901.24. (A) A jury trial in a municipal court shall be demanded in the manner prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure. The number of persons composing a jury and the verdicts of jurors shall be governed by those rules.
(B) The right of a person to a jury trial in a municipal court is waived under the circumstances prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure.
(C) The prosecuting attorney, a village solicitor, a city director of law, or a similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a municipal court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
Sec. 1907.29. (A) A jury trial shall be demanded in the manner prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure. The number of persons composing a jury and the verdicts of jurors shall be governed by those rules.
(B) The right of a person to a jury trial is waived under the circumstances prescribed in the Rules of Civil Procedure or the Rules of Criminal Procedure.
(C) The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer for a municipal corporation responsible for prosecuting a criminal case before a county court may demand a jury trial in any criminal case in which a defendant may demand a jury trial. The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
(D) If, as a result of challenges or other causes, a jury panel is not full, the deputy sheriff or constable who is in attendance at a trial before a county court may fill the panel in the same manner as the sheriff fills a panel in the court of common pleas.
(E) The judge of the county court involved in a case shall administer an oath to the jury to try the matters in difference between the parties that are to be determined by the jury, and to give a verdict in accordance with the evidence.
(F) After the jurors are sworn in a case before a county court, they shall sit together and hear the proofs and allegations of the parties. After the hearing, the jury shall be kept together in a convenient place until they have agreed upon their verdict or have been discharged by the county court judge involved in the case.
(G) If an action being tried to a jury in a county court is continued, the jurors shall attend at the time and place appointed for trial without further notice.
(H) The judge of a county court involved in a case may punish as for contempt any juror who neglects or refuses to attend when properly summoned or who, although in attendance, refuses to serve.
(I) If, in a civil action before a county court, the judge is satisfied that the number of jurors required by Civil Rule 48 for concurrence purposes cannot concur in a verdict, and the jury has deliberated upon the verdict for a reasonable time, the judge may discharge the jury and continue the action. If either party requests a new jury, the judge shall cause the selection of another jury. If the action is continued, it shall be continued to a time that the judge considers reasonable unless the parties or their attorneys agree on a longer or shorter time.
Sec. 2152.67. Any adult who is arrested or charged under any provision in this chapter and who is charged with a crime may demand a trial by jury. The prosecuting attorney may demand a trial by jury notwithstanding a defendant's failure to demand a trial by jury and over the objection of the defendant. The juvenile judge upon the judge's own motion may call a jury. A demand for a jury trial shall be made in writing in not less than three days before the date set for trial, or within three days after counsel has been retained, whichever is later. Sections 2945.17 and 2945.23 to 2945.36 of the Revised Code, relating to the drawing and impaneling of jurors in criminal cases in the court of common pleas, other than in capital cases, shall apply to a jury trial under this section. The compensation of jurors and costs of the clerk and sheriff shall be taxed and paid in the same manner as in criminal cases in the court of common pleas.
Sec. 2937.08. Upon a plea of not guilty or a plea of once in jeopardy, if the charge be a misdemeanor in a court of record, the court shall proceed to set the matter for trial at a future time, pursuant to Chapter 2938. of the Revised Code, and shall let accused to bail pending such trial. Or the court may, but only if both prosecutor and accused expressly consent, set the matter for trial forthwith.
Upon the entry of such pleas to a charge of misdemeanor in a court not of record, the magistrate shall forthwith set the matter for future trial or, with the consent of both state and defendant may set trial forthwith, both pursuant to Chapter 2938. of the Revised Code. If the nature of the offense is such that right to jury trial exists, such matter shall not be tried before the magistrate unless the accused, by writing subscribed by the accused, waives a jury and consents to be tried by the magistrate and the prosecutor does not request a trial by jury. The prosecutor may demand a jury trial in any matter that the defendant has the right to jury trial. If the prosecutor demands a jury trial, the matter shall not be tried before the magistrate, notwithstanding the defendant's waiver of a jury trial or the objection of the defendant.
If the defendant in such event does not waive right to jury trial or if the prosecutor requests a trial by jury, then the magistrate shall require the accused to enter into recognizance to appear before a court of record in the county, set by such magistrate, and the magistrate shall thereupon certify all papers filed, together with transcript of proceedings and accrued costs to date, and such recognizance if given, to such designated court of record. Such transfer shall not require the filing of indictment or information and trial shall proceed in the transferee court pursuant to Chapter 2938. of the Revised Code.
Sec. 2938.04. (A) In courts of record, the right to trial by jury as defined in section 2945.17 of the Revised Code shall be claimed by making demand in writing therefor for a jury trial and filing the same demand with the clerk of the court not less than three days prior to the date set for trial or on the day following receipt of notice whichever is the later. Failure to claim jury trial as provided in this section is a complete waiver of right thereto to a jury trial. In courts not of record, a jury trial may not be had, but a failure to waive a jury trial in writing where right to a jury trial may be asserted shall require the magistrate to certify such the case to a court of record as provided in section 2937.08 of the Revised Code.
(B) The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting a criminal case before a court of record under this chapter may demand a jury trial in any case in which a defendant may demand a jury trial. The prosecuting attorney, village solicitor, city director of law, or similar chief legal officer may demand a jury trial notwithstanding a defendant's failure to demand a jury trial and over the objection of the defendant.
Sec. 2938.05. Claim of A defendant's claim for a jury trial, once made, may be withdrawn by a defendant by a written waiver of a jury trial. A defendant's withdrawal of a claim for a jury trial does not affect a demand for a jury trial by a prosecuting attorney, city director of law, village solicitor, or similar chief legal officer under section 2938.04 of the Revised Code. If a jury has been summoned, pursuant to the defendant's claim for a jury trial, the court may require accused the defendant to pay all costs of mileage and fees of members of the venire for one day's service, notwithstanding the outcome of the case. No withdrawal of a claim for a jury trial shall effect any re-transfer of a case, once it has been certified to a court of record.
Sec. 2945.05. (A) In all criminal cases pending in courts of record in this state, the defendant may waive a trial by jury and be tried by the court without a jury. Such A waiver of a trial by jury by a defendant, shall be in writing, signed by the defendant, and filed in said cause and made a part of the record thereof. It shall be entitled in the court and cause, and in substance as follows: "I ..............., defendant in the above cause, hereby voluntarily waive and relinquish my right to a trial by jury, and elect to be tried by a Judge of the Court in which the said cause may be pending. I fully understand that under the laws of this state, I have a constitutional right to a trial by jury."
Such A waiver of trial by jury must be made in open court after the defendant has been arraigned and has had an opportunity to consult with counsel. Such The waiver may be withdrawn by the defendant at any time before the commencement of the trial.
(B) The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case may demand a trial by jury in any criminal case that is pending in a court of record in this state in which a defendant may demand a trial by jury. The prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case may demand a trial by jury notwithstanding the defendant's waiver of a trial by jury and over the objection of the defendant.
Sec. 2945.06. In any case in which a defendant waives his the right to trial by jury and elects to be tried by the court under section 2945.05 of the Revised Code, if the prosecuting attorney, city director of law, village solicitor, or similar chief legal officer responsible for prosecuting the criminal case has not demanded a trial by jury in that case any judge of the court in which the cause is pending shall proceed to hear, try, and determine the cause in accordance with the rules and in like manner as if the cause were being tried before a jury. If the accused is charged with an offense punishable with death, he shall be tried by a court to be composed of three judges, consisting of the judge presiding at the time in the trial of criminal cases and two other judges to be designated by the presiding judge or chief justice of that court, and in case there is neither a presiding judge nor a chief justice, by the chief justice of the supreme court. The judges or a majority of them may decide all questions of fact and law arising upon the trial; however the accused shall not be found guilty or not guilty of any offense unless the judges unanimously find the accused guilty or not guilty. If the accused pleads guilty of aggravated murder, a court composed of three judges shall examine the witnesses, determine whether the accused is guilty of aggravated murder or any other offense, and pronounce sentence accordingly. The court shall follow the procedures contained in sections 2929.03 and 2929.04 of the Revised Code in all cases in which the accused is charged with an offense punishable by death. If in the composition of the court it is necessary that a judge from another county be assigned by the chief justice, the judge from another county shall be compensated for the judge's services as provided by section 141.07 of the Revised Code.
Section 2. That existing sections 1901.24, 1907.29, 2152.67, 2937.08, 2938.04, 2938.05, 2945.05, and 2945.06 of the Revised Code are hereby repealed.
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court for criminal cases on July 18, 2011:
Steven Ennis, 44, of Chippewa Road in Medina, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Having Weapons While Under Disability, a third-degree felony.
Scott Schilero, 31, of Longacre Drive in Chippewa Lake, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Illegal Processing of Drug Documents and one count of Deception to Obtain a Dangerous Drug, all of which are fourth-degree felonies.
Brandon Boettcher, 19, of Crestway Oval in Brunswick, pleaded guilty and was sentenced to one year in prison on two counts of Aggravated Vehicular Assault, both of which are third-degree felonies and two counts of Contributing to the Unruliness of a Minor, both of which are first-degree misdemeanors. His driver’s license was suspended for two years.
Tyler Carr, 27, of Highview Drive in Wadsworth, pleaded guilty and was sentenced to six months in prison on two counts of Trafficking in Heroin, both of which are fifth-degree felonies.
Michael Fairchild, 34, of Glen Cove Commons in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for October 24.
Richard Hamlin, 43, of East Walnut Street in Wadsworth, pleaded no contest to one count of Domestic Violence, a fourth-degree felony. Sentencing is scheduled for August 29.
Valerie Russell, 19, of Jefferson Avenue in Brunswick, pleaded guilty and was sentenced to three years of community control sanctions to one count of Trafficking in Marijuana and one count of Permitting Drug Abuse, both of which are fifth-degree felonies.
Carlos Tripp, 35, of Harding Street in Medina, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for September 15.
Thomas Wagner, 37, of Sparrow Way in Wadsworth, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies. A jury trial is scheduled for September 28.
Medina County Prosecutor
The following people appeared in Judge Collier's court for criminal cases on July 18, 2011:
Steven Ennis, 44, of Chippewa Road in Medina, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Having Weapons While Under Disability, a third-degree felony.
Scott Schilero, 31, of Longacre Drive in Chippewa Lake, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Illegal Processing of Drug Documents and one count of Deception to Obtain a Dangerous Drug, all of which are fourth-degree felonies.
Brandon Boettcher, 19, of Crestway Oval in Brunswick, pleaded guilty and was sentenced to one year in prison on two counts of Aggravated Vehicular Assault, both of which are third-degree felonies and two counts of Contributing to the Unruliness of a Minor, both of which are first-degree misdemeanors. His driver’s license was suspended for two years.
Tyler Carr, 27, of Highview Drive in Wadsworth, pleaded guilty and was sentenced to six months in prison on two counts of Trafficking in Heroin, both of which are fifth-degree felonies.
Michael Fairchild, 34, of Glen Cove Commons in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for October 24.
Richard Hamlin, 43, of East Walnut Street in Wadsworth, pleaded no contest to one count of Domestic Violence, a fourth-degree felony. Sentencing is scheduled for August 29.
Valerie Russell, 19, of Jefferson Avenue in Brunswick, pleaded guilty and was sentenced to three years of community control sanctions to one count of Trafficking in Marijuana and one count of Permitting Drug Abuse, both of which are fifth-degree felonies.
Carlos Tripp, 35, of Harding Street in Medina, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for September 15.
Thomas Wagner, 37, of Sparrow Way in Wadsworth, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies. A jury trial is scheduled for September 28.
Judge Kimbler's Criminal Docket for July 14, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court for criminal cases on July 14, 2011:
Thomas Doughty, 29, of South Huntington Street in Medina, was sentenced to 160 days in jail on one count of Theft of Credit Cards, a fifth-degree felony.
Reginald Jones, 22, of Ina Court in Akron, was sentenced to three years of community control sanctions, with six months in a Community Based Correctional Facility, on one count of Possession of Heroin and one count of Trafficking in Heroin, both of which are fourth-degree felonies.
Tearle Wade, 23, of West Friendship Street in Medina, was sentenced to one year in prison on one count of Felonious Assault, a third-degree felony and one count of Possession of Crack Cocaine, a fourth-degree felony.
Jeffrey Davis, 23, of North Red Rock Drive in Strongsville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for September 13.
Deonica Hasrouni, 18, of Clemson Drive in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for September 14.
Homer Jarvis, 35, of East Easton Road in Creston, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for September 12.
Robert Koprivnyak, 19, of Center Street in Seville, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile or a School, a fourth-degree felony, and one count of Trafficking in Heroin, a fifth-degree felony. A jury trial is scheduled for September 12.
Shane Powers, 37, of Ryan Road in Medina, pleaded not guilty to one count of Violation of a Protection Order, a fifth-degree felony. A jury trial is scheduled for September 13.
Jacqueline Rogers, 64, of Dunbar Circle in Medina, pleaded not guilty to one count of Trafficking in Oxycodone, a third-degree felony and one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for September 12.
Christina Valentino, 29, of River Styx Road in Medina, pleaded guilty and was sentenced to one year in prison on one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony.
Sara Warner, 22, of Newkirk Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for September 14.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court for criminal cases on July 14, 2011:
Thomas Doughty, 29, of South Huntington Street in Medina, was sentenced to 160 days in jail on one count of Theft of Credit Cards, a fifth-degree felony.
Reginald Jones, 22, of Ina Court in Akron, was sentenced to three years of community control sanctions, with six months in a Community Based Correctional Facility, on one count of Possession of Heroin and one count of Trafficking in Heroin, both of which are fourth-degree felonies.
Tearle Wade, 23, of West Friendship Street in Medina, was sentenced to one year in prison on one count of Felonious Assault, a third-degree felony and one count of Possession of Crack Cocaine, a fourth-degree felony.
Jeffrey Davis, 23, of North Red Rock Drive in Strongsville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for September 13.
Deonica Hasrouni, 18, of Clemson Drive in Brunswick, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for September 14.
Homer Jarvis, 35, of East Easton Road in Creston, pleaded not guilty to one count of Burglary, a third-degree felony. A jury trial is scheduled for September 12.
Robert Koprivnyak, 19, of Center Street in Seville, pleaded not guilty to one count of Trafficking in Marijuana within the Vicinity of a Juvenile or a School, a fourth-degree felony, and one count of Trafficking in Heroin, a fifth-degree felony. A jury trial is scheduled for September 12.
Shane Powers, 37, of Ryan Road in Medina, pleaded not guilty to one count of Violation of a Protection Order, a fifth-degree felony. A jury trial is scheduled for September 13.
Jacqueline Rogers, 64, of Dunbar Circle in Medina, pleaded not guilty to one count of Trafficking in Oxycodone, a third-degree felony and one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for September 12.
Christina Valentino, 29, of River Styx Road in Medina, pleaded guilty and was sentenced to one year in prison on one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony.
Sara Warner, 22, of Newkirk Drive in Brunswick, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for September 14.
Judge Collier's Criminal Docket for July 11, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared for criminal cases in Judge Collier's court on July 11, 2011:
Crystal Calhoun, 33, of Madison Avenue in Cleveland, was sentenced to 11 months in prison on one count of Receiving Stolen Property, Credit Card, a fifth-degree felony.
Jess Morgan, 32, of Lodi Road in West Salem, was sentenced to 10 years in prison on two counts of Robbery, two of which are second-degree felonies and two of which are third-degree felonies.
Timothy Slama, 41, of Stearns Street in Brunswick, was sentenced five years of community control sanctions, with six months in jail, on one count of Having Weapons While Under Disability, a third-degree felony.
Danielle Smeal, 19, of Wadsworth Road in Norton, was sentenced to five years of community control sanctions on one count of Theft, a fifth-degree felony.
Christine Dettweiller, 44, of Seymour Street NW in Massillon, pleaded not guilty to the following charges: one count of Complicity to Commit Attempted Murder; one count of Aggravated Burglary, a first-degree felony; and two counts of Complicity to Commit Felonious Assault, both of which are second-degree felonies. A jury trial is scheduled for September 19. She is in Medina County Jail on $250,000 bond.
Michael Metzger, 44, of Foote Road in Medina pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 31.
Michael Myers, 21, of Fairmont Avenue in Rittman, pleaded not guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for September 7.
Randy Newberry, 31, of Fraze Road in Marshallville, pleaded not guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for September 7.
Martsin Prokopovich, 20, of New Jersey, pleaded not guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for October 11.
John Reichle, 58, of Montgomery Drive in Brunswick, pleaded not guilty to two counts of Gross Sexual Imposition, both of which are fourth-degree felonies. A jury trial is scheduled for October 12.
James Scott, 61, of Main Street in Clinton, pleaded no contest to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for August 22.
Robert Taylor, 68, of Franklin Drive in Medina, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. A jury trial is scheduled for October 5.
Medina County Prosecutor
The following people appeared for criminal cases in Judge Collier's court on July 11, 2011:
Crystal Calhoun, 33, of Madison Avenue in Cleveland, was sentenced to 11 months in prison on one count of Receiving Stolen Property, Credit Card, a fifth-degree felony.
Jess Morgan, 32, of Lodi Road in West Salem, was sentenced to 10 years in prison on two counts of Robbery, two of which are second-degree felonies and two of which are third-degree felonies.
Timothy Slama, 41, of Stearns Street in Brunswick, was sentenced five years of community control sanctions, with six months in jail, on one count of Having Weapons While Under Disability, a third-degree felony.
Danielle Smeal, 19, of Wadsworth Road in Norton, was sentenced to five years of community control sanctions on one count of Theft, a fifth-degree felony.
Christine Dettweiller, 44, of Seymour Street NW in Massillon, pleaded not guilty to the following charges: one count of Complicity to Commit Attempted Murder; one count of Aggravated Burglary, a first-degree felony; and two counts of Complicity to Commit Felonious Assault, both of which are second-degree felonies. A jury trial is scheduled for September 19. She is in Medina County Jail on $250,000 bond.
Michael Metzger, 44, of Foote Road in Medina pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 31.
Michael Myers, 21, of Fairmont Avenue in Rittman, pleaded not guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for September 7.
Randy Newberry, 31, of Fraze Road in Marshallville, pleaded not guilty to one count of Possession of Cocaine and one count of Possession of Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for September 7.
Martsin Prokopovich, 20, of New Jersey, pleaded not guilty to one count of Theft of a Motor Vehicle, a fourth-degree felony. A jury trial is scheduled for October 11.
John Reichle, 58, of Montgomery Drive in Brunswick, pleaded not guilty to two counts of Gross Sexual Imposition, both of which are fourth-degree felonies. A jury trial is scheduled for October 12.
James Scott, 61, of Main Street in Clinton, pleaded no contest to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for August 22.
Robert Taylor, 68, of Franklin Drive in Medina, pleaded not guilty to two counts of Driving Under the Influence of Drugs or Alcohol, both of which are fourth-degree felonies. A jury trial is scheduled for October 5.
Judge Kimbler's Criminal Docket for July 7, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Kimbler's court for criminal cases on July 7, 2011:
Cassandra Pype, 20, of West North Street in Medina, was sentenced to two years of community control sanctions, with 180 days in jail, on one count of Trafficking in Drugs, a fourth-degree felony and one count of Possession of Drugs, a fifth-degree felony.
Jason Ballard, 26, of Burnette Avenue in East Cleveland, pleaded no contest and was sentenced to six months in prison on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.
Ralph DiVincenzo, 21, of Muntz Road in Valley City, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for September 7.
Tracie Lusk, 47, of Takacs Drive in Wadsworth, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for August 31.
John McMackin, 34, of Arizona, pleaded not guilty to one count of Obstructing Justice, a third-degree felony. A jury trial is scheduled for September 6.
David Plute, 46, of West Park Boulevard in Medina, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for September 12.
Medina County Prosecutor
The following people appeared in Judge Kimbler's court for criminal cases on July 7, 2011:
Cassandra Pype, 20, of West North Street in Medina, was sentenced to two years of community control sanctions, with 180 days in jail, on one count of Trafficking in Drugs, a fourth-degree felony and one count of Possession of Drugs, a fifth-degree felony.
Jason Ballard, 26, of Burnette Avenue in East Cleveland, pleaded no contest and was sentenced to six months in prison on one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony.
Ralph DiVincenzo, 21, of Muntz Road in Valley City, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for September 7.
Tracie Lusk, 47, of Takacs Drive in Wadsworth, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for August 31.
John McMackin, 34, of Arizona, pleaded not guilty to one count of Obstructing Justice, a third-degree felony. A jury trial is scheduled for September 6.
David Plute, 46, of West Park Boulevard in Medina, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for September 12.
Judge Collier's Criminal Docket for July 5, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court for criminal cases on July 5, 2011:
Dennis Agnes, 41, of Sneider Road NW in Canton, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Failure to Comply with a Police Officer, a third-degree felony. His driver’s license was suspended for life.
Martsin Prokopovich, 20, of New Jersey, was sentenced to three years of community control sanctions on one count of Vandalism, a fifth-degree felony.
Paul Smith, 32, of Sweetwater Drive in Wadsworth, was sentenced to 11 months in prison on one count of Trafficking in Cocaine and one count of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Ronald Graves, 48, of Lodi Road in Lodi, pleaded guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. Both charges carry a forfeiture specification. Sentencing is scheduled for August 15.
Timothy Sinclair, 29, of Granger Road in Medina, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for September 7.
Elijah White, 30, of Township Road 150 in Sullivan, pleaded guilty to one count of Possession of Marijuana, a fifth-degree felony. Sentencing is scheduled for August 15.
Medina County Prosecutor
The following people appeared in Judge Collier's court for criminal cases on July 5, 2011:
Dennis Agnes, 41, of Sneider Road NW in Canton, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Failure to Comply with a Police Officer, a third-degree felony. His driver’s license was suspended for life.
Martsin Prokopovich, 20, of New Jersey, was sentenced to three years of community control sanctions on one count of Vandalism, a fifth-degree felony.
Paul Smith, 32, of Sweetwater Drive in Wadsworth, was sentenced to 11 months in prison on one count of Trafficking in Cocaine and one count of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Ronald Graves, 48, of Lodi Road in Lodi, pleaded guilty to two counts of Burglary, one of which is a second-degree felony and one of which is a fourth-degree felony. Both charges carry a forfeiture specification. Sentencing is scheduled for August 15.
Timothy Sinclair, 29, of Granger Road in Medina, pleaded not guilty to one count of Trafficking in Marijuana, a fifth-degree felony. A jury trial is scheduled for September 7.
Elijah White, 30, of Township Road 150 in Sullivan, pleaded guilty to one count of Possession of Marijuana, a fifth-degree felony. Sentencing is scheduled for August 15.
HB 86 & Risk Reduction Sentences
HB 86 contains a new section, R.C. 2929.143, that creates what is known as a risk reduction sentence. The section reads as follows:
Sec. 2929.143. (A) When a court sentences an offender who is convicted of a felony to a term of incarceration in a state correctional institution, the court may recommend that the offender serve a risk reduction sentence under section 5120.036 of the Revised Code if the court determines that a risk reduction sentence is appropriate, and all of the following apply:
(1) The offense for which the offender is being sentenced is not aggravated murder, murder, complicity in committing aggravated murder or murder, an offense of violence that is a felony of the first or second degree, a sexually oriented offense, or an attempt or conspiracy to commit or complicity in committing any offense otherwise identified in this division if the attempt, conspiracy, or complicity is a felony of the first or second degree.
(2) The offender's sentence to the term of incarceration does not consist solely of one or more mandatory prison terms.
(3) The offender agrees to cooperate with an assessment of the offender's needs and risk of reoffending that the department of rehabilitation and correction conducts under section 5120.036 of the Revised Code.
(4) The offender agrees to participate in any programming or treatment that the department of rehabilitation and correction orders to address any issues raised in the assessment described in division (A)(3) of this section.
(B) An offender who is serving a risk reduction sentence is not entitled to any earned credit under section 2967.193 of the Revised Code.
Note that definition of a "risk reduction sentence" refers to another section of the ORC, Sec. 5120.036. That section reads as follows:
Sec. 5120.036. (A) The department of rehabilitation and correction shall provide risk reduction programming and treatment for inmates whom a court under section 2929.143 of the Revised Code recommends serve a risk reduction sentence and who meet the eligibility criteria described in division (B) of this section.
(B) If an offender is sentenced to a term of imprisonment in a state correctional institution and the sentencing court recommended that the offender serve a risk reduction sentence, the department of rehabilitation and correction shall conduct a validated and objective assessment of the person's needs and risk of reoffending. If the offender cooperates with the risk assessment and agrees to participate in any programming or treatment ordered by the department, the department shall provide programming and treatment to the offender to address the risks and needs identified in the assessment.
(C) If the department determines that an offender serving a term of incarceration for whom the sentencing court recommended a risk reduction sentence under section 2929.143 of the Revised Code has successfully completed the assessment and treatment or programming required by the department under division (B) of this section, the department shall release the offender to supervised release after the offender has served each mandatory prison term to which the offender was sentenced, if any, and a minimum of eighty per cent of the aggregated nonmandatory prison terms to which the offender was sentenced. No mandatory prison term shall be reduced by, or as a result of, an offender's service of a risk reduction sentence. The department shall notify the sentencing court that the offender has successfully completed the terms of the risk reduction sentence at least thirty days prior to the date upon which the offender is to be released.
(D) As used in this section:
(1) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Nonmandatory prison term" means a prison term that is not a mandatory prison term.
As a result of these two new sections, a eligible prisoner can get his or her sentence reduced by 20%. Consequently a two year prison sentence would be reduced to a 19.2 month prison sentence.
Sec. 2929.143. (A) When a court sentences an offender who is convicted of a felony to a term of incarceration in a state correctional institution, the court may recommend that the offender serve a risk reduction sentence under section 5120.036 of the Revised Code if the court determines that a risk reduction sentence is appropriate, and all of the following apply:
(1) The offense for which the offender is being sentenced is not aggravated murder, murder, complicity in committing aggravated murder or murder, an offense of violence that is a felony of the first or second degree, a sexually oriented offense, or an attempt or conspiracy to commit or complicity in committing any offense otherwise identified in this division if the attempt, conspiracy, or complicity is a felony of the first or second degree.
(2) The offender's sentence to the term of incarceration does not consist solely of one or more mandatory prison terms.
(3) The offender agrees to cooperate with an assessment of the offender's needs and risk of reoffending that the department of rehabilitation and correction conducts under section 5120.036 of the Revised Code.
(4) The offender agrees to participate in any programming or treatment that the department of rehabilitation and correction orders to address any issues raised in the assessment described in division (A)(3) of this section.
(B) An offender who is serving a risk reduction sentence is not entitled to any earned credit under section 2967.193 of the Revised Code.
Note that definition of a "risk reduction sentence" refers to another section of the ORC, Sec. 5120.036. That section reads as follows:
Sec. 5120.036. (A) The department of rehabilitation and correction shall provide risk reduction programming and treatment for inmates whom a court under section 2929.143 of the Revised Code recommends serve a risk reduction sentence and who meet the eligibility criteria described in division (B) of this section.
(B) If an offender is sentenced to a term of imprisonment in a state correctional institution and the sentencing court recommended that the offender serve a risk reduction sentence, the department of rehabilitation and correction shall conduct a validated and objective assessment of the person's needs and risk of reoffending. If the offender cooperates with the risk assessment and agrees to participate in any programming or treatment ordered by the department, the department shall provide programming and treatment to the offender to address the risks and needs identified in the assessment.
(C) If the department determines that an offender serving a term of incarceration for whom the sentencing court recommended a risk reduction sentence under section 2929.143 of the Revised Code has successfully completed the assessment and treatment or programming required by the department under division (B) of this section, the department shall release the offender to supervised release after the offender has served each mandatory prison term to which the offender was sentenced, if any, and a minimum of eighty per cent of the aggregated nonmandatory prison terms to which the offender was sentenced. No mandatory prison term shall be reduced by, or as a result of, an offender's service of a risk reduction sentence. The department shall notify the sentencing court that the offender has successfully completed the terms of the risk reduction sentence at least thirty days prior to the date upon which the offender is to be released.
(D) As used in this section:
(1) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Nonmandatory prison term" means a prison term that is not a mandatory prison term.
As a result of these two new sections, a eligible prisoner can get his or her sentence reduced by 20%. Consequently a two year prison sentence would be reduced to a 19.2 month prison sentence.
Monday, July 18, 2011
New Fifth Degree Cocaine Trafficking Law
HB 86 creates a new fifth degree felony of trafficking in cocaine in an amount less than five grams. HB 86 also equalizes the penalties for both crack and regular cocaine, in essence taking that cocaine is cocaine and that its form should not dictate the possible penalty. The pertinent part of the HB 86 appears below:
(4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of trafficking in cocaine. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), (f), or (g) of this section, trafficking in cocaine is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(4)(c), (d), (e), (f), or (g) of this section, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, trafficking in cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds ten grams but is less than twenty grams of cocaine , trafficking in cocaine is a felony of the third degree, and, except as otherwise provided in this division, there is a presumption for a prison term for the offense. If trafficking in cocaine is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds twenty grams but is less than twenty-seven grams of cocaine , trafficking in cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds twenty-seven grams but is less than one thousand hundred grams of cocaine and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds one hundred grams of cocaine and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree.
Editor's Note: Thanks to Samir Hadeed, Esq. of the Ohio Association of Criminal Defense Lawyers for sending out an email calling attention to the new language.
(4) If the drug involved in the violation is cocaine or a compound, mixture, preparation, or substance containing cocaine, whoever violates division (A) of this section is guilty of trafficking in cocaine. The penalty for the offense shall be determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), (c), (d), (e), (f), or (g) of this section, trafficking in cocaine is a felony of the fifth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(4)(c), (d), (e), (f), or (g) of this section, if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the fourth degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds five grams but is less than ten grams of cocaine, trafficking in cocaine is a felony of the fourth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term for the offense. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the third degree, and there is a presumption for a prison term for the offense.
(d) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds ten grams but is less than twenty grams of cocaine , trafficking in cocaine is a felony of the third degree, and, except as otherwise provided in this division, there is a presumption for a prison term for the offense. If trafficking in cocaine is a felony of the third degree under this division and if the offender two or more times previously has been convicted of or pleaded guilty to a felony drug abuse offense, the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the third degree. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree.
(e) Except as otherwise provided in this division, if the amount of the drug involved equals or exceeds twenty grams but is less than twenty-seven grams of cocaine , trafficking in cocaine is a felony of the second degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the second degree. If the amount of the drug involved is within that range and if the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds twenty-seven grams but is less than one thousand hundred grams of cocaine and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, and the court shall impose as a mandatory prison term one of the prison terms prescribed for a felony of the first degree.
(g) If the amount of the drug involved equals or exceeds one hundred grams of cocaine and regardless of whether the offense was committed in the vicinity of a school or in the vicinity of a juvenile, trafficking in cocaine is a felony of the first degree, the offender is a major drug offender, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the first degree.
Editor's Note: Thanks to Samir Hadeed, Esq. of the Ohio Association of Criminal Defense Lawyers for sending out an email calling attention to the new language.
Sunday, July 10, 2011
Department of Rehabilitation and Correction May Move for Judicial Release
One of the new additions to the Ohio Revised Code by the passage of HB 86 is found in R.C. 2967.19. This section is a new section that gives the Director of the Department of Rehabilitation and Correction the power to petition a sentencing court for judicial release for certain offenders in the Department's custody. The law applies to an "eligible offender", as that term is defined in the statute, who is sentenced to prison for one year or more and who has completed 80% of his or her sentence. The new code section appears below:
Sec. 2967.19.
(A) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised.
(2) "Disqualifying prison term" means any of the following:
(a) A prison term imposed for aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, kidnapping, rape, aggravated arson, aggravated burglary, or aggravated robbery;
(b) A prison term imposed for complicity in, an attempt to commit, or conspiracy to commit any offense listed in division (A)(2)(a) of this section;
(c) A prison term of life imprisonment, including any term of life imprisonment that has parole eligibility;
(d) A prison term imposed for any felony other than carrying a concealed weapon an essential element of which is any conduct or failure to act expressly involving any deadly weapon or dangerous ordnance;
(e) A prison term imposed for any violation of section 2925.03 of the Revised Code that is a felony of the first or second degree;
(f) A prison term imposed for engaging in a pattern of corrupt activity in violation of section 2923.32 of the Revised Code;
(g) A prison term imposed pursuant to section 2971.03 of the Revised Code;
(h) A prison term imposed for any sexually oriented offense.
(3) "Eligible prison term" means any prison term that is not a disqualifying prison term and is not a restricting prison term.
(4) "Restricting prison term" means any of the following:
(a) A mandatory prison term imposed under division (D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), (D)(2), or (D)(7) of section 2929.14 of the Revised Code for a specification of the type described in that division;
(b) In the case of an offender who has been sentenced to a mandatory prison term for a specification of the type described in division (A)(4)(a) of this section, the prison term imposed for the felony offense for which the specification was stated at the end of the body of the indictment, count in the indictment, or information charging the offense;
(c) A prison term imposed for trafficking in persons;
(d) A prison term imposed for any offense that is described in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii) of this section applies to the offender:
(i) The offense is a felony of the first or second degree that is an offense of violence and that is not described in division (A)(2)(a) or (b) of this section, an attempt to commit a felony of the first or second degree that is an offense of violence and that is not described in division (A)(2)(a) or (b) of this section if the attempt is a felony of the first or second degree, or an offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to any other offense described in this division.
(ii) The offender previously was convicted of or pleaded guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of this section.
(5) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(B) The director of rehabilitation and correction may petition the sentencing court for the release from prison of any offender confined in a state correctional institution under a stated prison term of one year or more who is eligible under division (C) of this section for a release under this section and who has served at least eighty per cent of that stated prison term that remains to be served after the offender becomes eligible as described in that division. If the director wishes to submit a petition for release under this section, the director shall submit the petition not earlier than ninety days prior to the date on which the offender has served eighty per cent of the offender's stated prison term that remains to be served after the offender becomes eligible as described in division (C) of this section. The director's submission of a petition for release under this section constitutes a recommendation by the director that the court strongly consider release of the offender consistent with the purposes and principles of sentencing set forth in sections 2929.11 and 2929.13 of the Revised Code.
(C)(1) An offender serving a stated prison term of one year or more and who has commenced service of that stated prison term becomes eligible for release from prison under this section only as described in this division. An offender serving a stated prison term that includes a disqualifying prison term is not eligible for release from prison under this section. An offender serving a stated prison term that consists solely of one or more restricting prison terms is not eligible for release under this section. An offender serving a stated prison term of one year or more that includes one or more restricting prison terms and one or more eligible prison terms becomes eligible for release under this section after having fully served each restricting prison term. An offender serving a stated prison term that consists solely of one or more eligible prison terms becomes eligible for release under this section upon the offender's commencement of service of that stated prison term. After an offender becomes eligible for release under this section, the director of rehabilitation and correction may petition for the release of the offender under division (C)(2) of this section no earlier than ninety days before the offender has served the portion of the offender's stated prison term specified in that division. For purposes of determining an offender's eligibility for release under this section, if the offender's stated prison term includes consecutive prison terms, any restricting prison terms shall be deemed served prior to any eligible prison terms that run consecutively to the restricting prison terms, and the eligible prison terms are deemed to commence after all of the restricting prison terms have been fully served.
An offender serving a stated prison term one one year or more that includes a mandatory prison term that is not a disqualifying prison term and is not a restricting prison term is not automatically ineligible as a result of the offender's service of that mandatory term for release from prison under this section, and the offender's eligibility for release from prison under this section is determined in accordance with this division.
(2) If an offender confined in a state correctional institution under a stated prison term is eligible for release under this section as described in division (C)(1) of this section, the director of rehabilitation and correction may petition the sentencing court pursuant to division (B) of this section for the release from prison of the offender.
(D) The director shall include with any petition submitted to the sentencing court under this section an institutional summary report that covers the offender's participation while confined in a state correctional institution in school, training, work, treatment, and other rehabilitative activities and any disciplinary action taken against the offender while so confined. The director shall include with the petition a post-release control assessment and placement plan, when relevant, and any other documentation requested by the court, if available.
(E) When the director submits a petition under this section for release of an offender, the department promptly shall provide to the prosecuting attorney of the county in which the offender was indicted a copy of the petition, a copy of the institutional summary report, and any other information provided to the court. The department also promptly shall give notice of the filing of the petition to any victim of the offender or victim's representative of any victim of the offender who is registered with the office of victim's services.
The department also shall post notice of the petition on the database it maintains under section 5120.66 of the Revised Code and include information on where a person may send comments regarding the petition.
(F) Upon receipt of a petition for release of an offender submitted by the director under this section, the court may deny the petition without a hearing. The court shall not grant a petition for release of an offender without a hearing. If a court denies a petition for release of an offender without a hearing, the court may later consider release of that offender on a subsequent petition. The court shall enter its ruling within thirty days after the petition is filed.
(G) If the court grants a hearing on a petition for release of an offender submitted under this section, the court shall notify the head of the state correctional institution in which the offender is confined of the hearing prior to the hearing. If the court makes a journal entry ordering the offender to be conveyed to the hearing, except as otherwise provided in this division, the head of the correctional institution shall deliver the offender to the sheriff of the county in which the hearing is to be held, and the sheriff shall convey the offender to and from the hearing. Upon the court's own motion or the motion of the offender or the prosecuting attorney of the county in which the offender was indicted, the court may permit the offender to appear at the hearing by video conferencing equipment if equipment of that nature is available and compatible.
Upon receipt of notice from a court of a hearing on the release of an offender under this division, the head of the state correctional institution in which the offender is confined immediately shall notify the appropriate person at the department of rehabilitation and correction of the hearing, and the department within twenty-four hours after receipt of the notice shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(i) of that section. If the court grants a hearing on a petition for release of an offender under this section, the court promptly shall give notice of the hearing to the prosecuting attorney of the county in which the offender was indicted. Upon receipt of the notice from the court, the prosecuting attorney shall notify pursuant to section 2930.16 of the Revised Code any victim of the offender or the victim's representative of the hearing.
(H) If the court grants a hearing on a petition for release of an offender under this section, at the hearing, the court shall afford the offender and the offender's attorney an opportunity to present written information and, if present, oral information relevant to the motion. The court shall afford a similar opportunity to the prosecuting attorney, victim or victim's representative, as defined in section 2930.01 of the Revised Code, and any other person the court determines is likely to present additional relevant information. If the court pursuant to division (G) of this section permits the offender to appear at the hearing by video conferencing equipment, the offender's opportunity to present oral information shall be as a part of the video conferencing. The court shall consider any statement of a victim made under section 2930.14 or 2930.17 of the Revised Code, any victim impact statement prepared under 2947.051 of the Revised Code, and any report, plan, and other documentation submitted by the director under division (D) of this section. After ruling on the motion, the court shall notify the victim in accordance with sections 2930.03 and 2930.16 of the Revised Code.
(I) If the court grants a petition for release of an offender under this section, it shall order the release of the offender, shall place the offender under one or more appropriate community control sanctions, under appropriate conditions, and under the supervision of the department of probation that serves the court, and shall reserve the right to reimpose the sentence that it reduced and from which the offender was released if the offender violates the sanction. The court shall not make a release under this section effective prior to the date on which the offender has served at least eighty per cent of the offender's stated prison term that remains to be served after the offender becomes eligible as described in division (C) of this section. If the sentence under which the offender is confined in a state correctional institution and from which the offender is being released was imposed for a felony of the first or second degree, the court shall consider ordering that the offender be monitored by means of a global positioning device. If the court reimposes the sentence that it reduced and from which the offender was released and if the violation of the sanction is a new offense, the court may order that the reimposed sentence be served either concurrently with, or consecutive to, any new sentence imposed upon the offender as a result of the violation that is a new offense. The period of all community control sanctions imposed under this division shall not exceed five years. The court, in its discretion, may reduce the period of community control sanctions by the amount of time the offender spent in jail or prison for the offense.
If the court grants a petition for release of an offender under this section, it shall notify the appropriate person at the department of rehabilitation and correction of the release, and the department shall post notice of the release on the database it maintains pursuant to section 5120.66 of the Revised Code.
(J) The department shall adopt under Chapter 119. of the Revised Code any rules necessary to implement this section.
Sec. 2967.19.
(A) As used in this section:
(1) "Deadly weapon" and "dangerous ordnance" have the same meanings as in section 2923.11 of the Revised.
(2) "Disqualifying prison term" means any of the following:
(a) A prison term imposed for aggravated murder, murder, voluntary manslaughter, involuntary manslaughter, felonious assault, kidnapping, rape, aggravated arson, aggravated burglary, or aggravated robbery;
(b) A prison term imposed for complicity in, an attempt to commit, or conspiracy to commit any offense listed in division (A)(2)(a) of this section;
(c) A prison term of life imprisonment, including any term of life imprisonment that has parole eligibility;
(d) A prison term imposed for any felony other than carrying a concealed weapon an essential element of which is any conduct or failure to act expressly involving any deadly weapon or dangerous ordnance;
(e) A prison term imposed for any violation of section 2925.03 of the Revised Code that is a felony of the first or second degree;
(f) A prison term imposed for engaging in a pattern of corrupt activity in violation of section 2923.32 of the Revised Code;
(g) A prison term imposed pursuant to section 2971.03 of the Revised Code;
(h) A prison term imposed for any sexually oriented offense.
(3) "Eligible prison term" means any prison term that is not a disqualifying prison term and is not a restricting prison term.
(4) "Restricting prison term" means any of the following:
(a) A mandatory prison term imposed under division (D)(1)(a), (D)(1)(c), (D)(1)(f), (D)(1)(g), (D)(2), or (D)(7) of section 2929.14 of the Revised Code for a specification of the type described in that division;
(b) In the case of an offender who has been sentenced to a mandatory prison term for a specification of the type described in division (A)(4)(a) of this section, the prison term imposed for the felony offense for which the specification was stated at the end of the body of the indictment, count in the indictment, or information charging the offense;
(c) A prison term imposed for trafficking in persons;
(d) A prison term imposed for any offense that is described in division (A)(4)(d)(i) of this section if division (A)(4)(d)(ii) of this section applies to the offender:
(i) The offense is a felony of the first or second degree that is an offense of violence and that is not described in division (A)(2)(a) or (b) of this section, an attempt to commit a felony of the first or second degree that is an offense of violence and that is not described in division (A)(2)(a) or (b) of this section if the attempt is a felony of the first or second degree, or an offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to any other offense described in this division.
(ii) The offender previously was convicted of or pleaded guilty to any offense listed in division (A)(2) or (A)(4)(d)(i) of this section.
(5) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
(B) The director of rehabilitation and correction may petition the sentencing court for the release from prison of any offender confined in a state correctional institution under a stated prison term of one year or more who is eligible under division (C) of this section for a release under this section and who has served at least eighty per cent of that stated prison term that remains to be served after the offender becomes eligible as described in that division. If the director wishes to submit a petition for release under this section, the director shall submit the petition not earlier than ninety days prior to the date on which the offender has served eighty per cent of the offender's stated prison term that remains to be served after the offender becomes eligible as described in division (C) of this section. The director's submission of a petition for release under this section constitutes a recommendation by the director that the court strongly consider release of the offender consistent with the purposes and principles of sentencing set forth in sections 2929.11 and 2929.13 of the Revised Code.
(C)(1) An offender serving a stated prison term of one year or more and who has commenced service of that stated prison term becomes eligible for release from prison under this section only as described in this division. An offender serving a stated prison term that includes a disqualifying prison term is not eligible for release from prison under this section. An offender serving a stated prison term that consists solely of one or more restricting prison terms is not eligible for release under this section. An offender serving a stated prison term of one year or more that includes one or more restricting prison terms and one or more eligible prison terms becomes eligible for release under this section after having fully served each restricting prison term. An offender serving a stated prison term that consists solely of one or more eligible prison terms becomes eligible for release under this section upon the offender's commencement of service of that stated prison term. After an offender becomes eligible for release under this section, the director of rehabilitation and correction may petition for the release of the offender under division (C)(2) of this section no earlier than ninety days before the offender has served the portion of the offender's stated prison term specified in that division. For purposes of determining an offender's eligibility for release under this section, if the offender's stated prison term includes consecutive prison terms, any restricting prison terms shall be deemed served prior to any eligible prison terms that run consecutively to the restricting prison terms, and the eligible prison terms are deemed to commence after all of the restricting prison terms have been fully served.
An offender serving a stated prison term one one year or more that includes a mandatory prison term that is not a disqualifying prison term and is not a restricting prison term is not automatically ineligible as a result of the offender's service of that mandatory term for release from prison under this section, and the offender's eligibility for release from prison under this section is determined in accordance with this division.
(2) If an offender confined in a state correctional institution under a stated prison term is eligible for release under this section as described in division (C)(1) of this section, the director of rehabilitation and correction may petition the sentencing court pursuant to division (B) of this section for the release from prison of the offender.
(D) The director shall include with any petition submitted to the sentencing court under this section an institutional summary report that covers the offender's participation while confined in a state correctional institution in school, training, work, treatment, and other rehabilitative activities and any disciplinary action taken against the offender while so confined. The director shall include with the petition a post-release control assessment and placement plan, when relevant, and any other documentation requested by the court, if available.
(E) When the director submits a petition under this section for release of an offender, the department promptly shall provide to the prosecuting attorney of the county in which the offender was indicted a copy of the petition, a copy of the institutional summary report, and any other information provided to the court. The department also promptly shall give notice of the filing of the petition to any victim of the offender or victim's representative of any victim of the offender who is registered with the office of victim's services.
The department also shall post notice of the petition on the database it maintains under section 5120.66 of the Revised Code and include information on where a person may send comments regarding the petition.
(F) Upon receipt of a petition for release of an offender submitted by the director under this section, the court may deny the petition without a hearing. The court shall not grant a petition for release of an offender without a hearing. If a court denies a petition for release of an offender without a hearing, the court may later consider release of that offender on a subsequent petition. The court shall enter its ruling within thirty days after the petition is filed.
(G) If the court grants a hearing on a petition for release of an offender submitted under this section, the court shall notify the head of the state correctional institution in which the offender is confined of the hearing prior to the hearing. If the court makes a journal entry ordering the offender to be conveyed to the hearing, except as otherwise provided in this division, the head of the correctional institution shall deliver the offender to the sheriff of the county in which the hearing is to be held, and the sheriff shall convey the offender to and from the hearing. Upon the court's own motion or the motion of the offender or the prosecuting attorney of the county in which the offender was indicted, the court may permit the offender to appear at the hearing by video conferencing equipment if equipment of that nature is available and compatible.
Upon receipt of notice from a court of a hearing on the release of an offender under this division, the head of the state correctional institution in which the offender is confined immediately shall notify the appropriate person at the department of rehabilitation and correction of the hearing, and the department within twenty-four hours after receipt of the notice shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(i) of that section. If the court grants a hearing on a petition for release of an offender under this section, the court promptly shall give notice of the hearing to the prosecuting attorney of the county in which the offender was indicted. Upon receipt of the notice from the court, the prosecuting attorney shall notify pursuant to section 2930.16 of the Revised Code any victim of the offender or the victim's representative of the hearing.
(H) If the court grants a hearing on a petition for release of an offender under this section, at the hearing, the court shall afford the offender and the offender's attorney an opportunity to present written information and, if present, oral information relevant to the motion. The court shall afford a similar opportunity to the prosecuting attorney, victim or victim's representative, as defined in section 2930.01 of the Revised Code, and any other person the court determines is likely to present additional relevant information. If the court pursuant to division (G) of this section permits the offender to appear at the hearing by video conferencing equipment, the offender's opportunity to present oral information shall be as a part of the video conferencing. The court shall consider any statement of a victim made under section 2930.14 or 2930.17 of the Revised Code, any victim impact statement prepared under 2947.051 of the Revised Code, and any report, plan, and other documentation submitted by the director under division (D) of this section. After ruling on the motion, the court shall notify the victim in accordance with sections 2930.03 and 2930.16 of the Revised Code.
(I) If the court grants a petition for release of an offender under this section, it shall order the release of the offender, shall place the offender under one or more appropriate community control sanctions, under appropriate conditions, and under the supervision of the department of probation that serves the court, and shall reserve the right to reimpose the sentence that it reduced and from which the offender was released if the offender violates the sanction. The court shall not make a release under this section effective prior to the date on which the offender has served at least eighty per cent of the offender's stated prison term that remains to be served after the offender becomes eligible as described in division (C) of this section. If the sentence under which the offender is confined in a state correctional institution and from which the offender is being released was imposed for a felony of the first or second degree, the court shall consider ordering that the offender be monitored by means of a global positioning device. If the court reimposes the sentence that it reduced and from which the offender was released and if the violation of the sanction is a new offense, the court may order that the reimposed sentence be served either concurrently with, or consecutive to, any new sentence imposed upon the offender as a result of the violation that is a new offense. The period of all community control sanctions imposed under this division shall not exceed five years. The court, in its discretion, may reduce the period of community control sanctions by the amount of time the offender spent in jail or prison for the offense.
If the court grants a petition for release of an offender under this section, it shall notify the appropriate person at the department of rehabilitation and correction of the release, and the department shall post notice of the release on the database it maintains pursuant to section 5120.66 of the Revised Code.
(J) The department shall adopt under Chapter 119. of the Revised Code any rules necessary to implement this section.
Friday, July 08, 2011
New R.C. 2929.13 & Community Control Sanctions
Below are the revisions to R.C. 2929.13 that deal with the imposition of community control sanctions. The way I read the revised statute, there are certain cases in which a sentencing court must impose a community control sanction. It should be kept in mind, however, that the term "community control sanction" can mean either a non-residential community control sanction or a residential community control sanction, as well as a financial sanction.
Some attorneys have gotten into the habit of using the term only if they are talking about non-residential community control sanctions, and then using the term "jail sentence" or "cbcf" to refer to the imposition of residential community control sanctions. As pointed out above, a jail sentence or a sentence to a community based correctional facility are both "residential community control" sanctions. Therefore a judge would be allowed to sentence a defendant to such sanctions, even on a first felony.
The revisions that deal with community control sanctions appear below:
(B)(1)(a) Except as provided in division (B)(1)(b) of this section, if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence, the court shall sentence the offender to a community control sanction of at least one year's duration if all of the following apply:
(i) The offender previously has not been convicted of or pleaded guilty to a felony offense or to an offense of violence that is a misdemeanor and that the offender committed within two years prior to the offense for which sentence is being imposed.
(ii) The most serious charge against the offender at the time of sentencing is a felony of the fourth or fifth degree.
(iii) If the court made a request of the department of rehabilitation and correction pursuant to division (B)(1)(c) of this section, the department, within the forty-five-day period specified in that division, provided the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court.
(b) The court has discretion to impose a prison term upon an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence if any of the following apply:
(i) The offender committed the offense while having a firearm on or about the offender's person or under the offender's control.
(ii) The offender caused physical harm to another person while committing the offense.
(iii) The offender violated a term of the conditions of bond as set by the court.
(iv) The court made a request of the department of rehabilitation and correction pursuant to division (B)(1)(c) of this section, and the department, within the forty-five-day period specified in that division, did not provide the court with the name of, contact information for, and program details of any community control sanction of at least one year's duration that is available for persons sentenced by the court.
(c) If a court that is sentencing an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence believes that no community control sanctions are available for its use that, if imposed on the offender, will adequately fulfill the overriding principles and purposes of sentencing, the court shall contact the department of rehabilitation and correction and ask the department to provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court. Not later than forty-five days after receipt of a request from a court under this division, the department shall provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court, if any. Upon making a request under this division that relates to a particular offender, a court shall defer sentencing of that offender until it receives from the department the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court or for forty-five days, whichever is the earlier.
If the department provides the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court within the forty-five-day period specified in this division, the court shall impose upon the offender a community control sanction under division (B)(1)(a) of this section, subject to divisions (B)(1)(b)(i) and (ii) of this section. If the department does not provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court within the forty-five-day period specified in this division, the court may impose upon the offender a prison term under division (B)(1)(b)(iii) of this section.
(d) A sentencing court may impose an additional penalty under division (B) of section 2929.15 of the Revised Code upon an offender sentenced to a community control sanction under division (B)(1)(a) of this section if the offender violates the conditions of the community control sanction, violates a law, or leaves the state without the permission of the court or the offender's probation officer.
(2) If division (B)(1) of this section does not apply, except as provided in division (B)(2)(3), (E), (F), or (G) of this section, in sentencing an offender for a felony of the fourth or fifth degree, the sentencing court shall determine whether any of the following apply:
(a) In committing the offense, the offender caused physical harm to a person.
(b) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person with a deadly weapon.
(c) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person, and the offender previously was convicted of an offense that caused physical harm to a person.
(d) The offender held a public office or position of trust and the offense related to that office or position; the offender's position obliged the offender to prevent the offense or to bring those committing it to justice; or the offender's professional reputation or position facilitated the offense or was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or fifth degree felony violation of section 2907.03, 2907.04, 2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the Revised Code.
(g) The offender at the time of the offense was serving, or the offender previously had served, a prison term.
(h) The offender committed the offense while under a community control sanction, while on probation, or while released from custody on a bond or personal recognizance.
(i) The offender committed the offense while in possession of a firearm.
(2)(3)(a) If the court makes a finding described in division (B)(1)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a prison term is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code and finds that the offender is not amenable to an available community control sanction, the court shall impose a prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the court does not make a finding described in division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a community control sanction or combination of community control sanctions is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code, the court shall impose a community control sanction or combination of community control sanctions upon the offender.
Some attorneys have gotten into the habit of using the term only if they are talking about non-residential community control sanctions, and then using the term "jail sentence" or "cbcf" to refer to the imposition of residential community control sanctions. As pointed out above, a jail sentence or a sentence to a community based correctional facility are both "residential community control" sanctions. Therefore a judge would be allowed to sentence a defendant to such sanctions, even on a first felony.
The revisions that deal with community control sanctions appear below:
(B)(1)(a) Except as provided in division (B)(1)(b) of this section, if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence, the court shall sentence the offender to a community control sanction of at least one year's duration if all of the following apply:
(i) The offender previously has not been convicted of or pleaded guilty to a felony offense or to an offense of violence that is a misdemeanor and that the offender committed within two years prior to the offense for which sentence is being imposed.
(ii) The most serious charge against the offender at the time of sentencing is a felony of the fourth or fifth degree.
(iii) If the court made a request of the department of rehabilitation and correction pursuant to division (B)(1)(c) of this section, the department, within the forty-five-day period specified in that division, provided the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court.
(b) The court has discretion to impose a prison term upon an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence if any of the following apply:
(i) The offender committed the offense while having a firearm on or about the offender's person or under the offender's control.
(ii) The offender caused physical harm to another person while committing the offense.
(iii) The offender violated a term of the conditions of bond as set by the court.
(iv) The court made a request of the department of rehabilitation and correction pursuant to division (B)(1)(c) of this section, and the department, within the forty-five-day period specified in that division, did not provide the court with the name of, contact information for, and program details of any community control sanction of at least one year's duration that is available for persons sentenced by the court.
(c) If a court that is sentencing an offender who is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence believes that no community control sanctions are available for its use that, if imposed on the offender, will adequately fulfill the overriding principles and purposes of sentencing, the court shall contact the department of rehabilitation and correction and ask the department to provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court. Not later than forty-five days after receipt of a request from a court under this division, the department shall provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court, if any. Upon making a request under this division that relates to a particular offender, a court shall defer sentencing of that offender until it receives from the department the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court or for forty-five days, whichever is the earlier.
If the department provides the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court within the forty-five-day period specified in this division, the court shall impose upon the offender a community control sanction under division (B)(1)(a) of this section, subject to divisions (B)(1)(b)(i) and (ii) of this section. If the department does not provide the court with the names of, contact information for, and program details of one or more community control sanctions of at least one year's duration that are available for persons sentenced by the court within the forty-five-day period specified in this division, the court may impose upon the offender a prison term under division (B)(1)(b)(iii) of this section.
(d) A sentencing court may impose an additional penalty under division (B) of section 2929.15 of the Revised Code upon an offender sentenced to a community control sanction under division (B)(1)(a) of this section if the offender violates the conditions of the community control sanction, violates a law, or leaves the state without the permission of the court or the offender's probation officer.
(2) If division (B)(1) of this section does not apply, except as provided in division (B)(2)(3), (E), (F), or (G) of this section, in sentencing an offender for a felony of the fourth or fifth degree, the sentencing court shall determine whether any of the following apply:
(a) In committing the offense, the offender caused physical harm to a person.
(b) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person with a deadly weapon.
(c) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person, and the offender previously was convicted of an offense that caused physical harm to a person.
(d) The offender held a public office or position of trust and the offense related to that office or position; the offender's position obliged the offender to prevent the offense or to bring those committing it to justice; or the offender's professional reputation or position facilitated the offense or was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or fifth degree felony violation of section 2907.03, 2907.04, 2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the Revised Code.
(g) The offender at the time of the offense was serving, or the offender previously had served, a prison term.
(h) The offender committed the offense while under a community control sanction, while on probation, or while released from custody on a bond or personal recognizance.
(i) The offender committed the offense while in possession of a firearm.
(2)(3)(a) If the court makes a finding described in division (B)(1)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a prison term is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code and finds that the offender is not amenable to an available community control sanction, the court shall impose a prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the court does not make a finding described in division (B)(2)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a community control sanction or combination of community control sanctions is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code, the court shall impose a community control sanction or combination of community control sanctions upon the offender.
Thursday, July 07, 2011
New Appellate Rules of Procedure
Amendments to Rules 4, 9, 21, 25 and 26 of the Ohio Rules of Appellate Procedure have gone into effect as of July 1, 2011:
App. R. 4 clarifies the finality of a judgment in a dental, medical, optometric, or chiropractic claim when there has been a motion for attorney’s fees. The amendments also clarify the procedure to be followed when a notice of appeal is filed before the disposition of all post-trial motions.
App. R. 9 requires that a written transcript be the official record on appeal and that any electronic recording must be transcribed by a court-appointed reporter. Revisions emphasize that the trial court has the discretion to use anyone to transcribe the proceedings but continues to note that a stenographic reporter who was present for the proceedings is always acceptable.
App. R. 21 sets oral arguments in appeals courts automatically for most cases unless a local rule requires a party to request it.
App. R. 25 requires that a motion to certify an inter-district conflict is due within 10 days of the clerk’s service of the judgment or order first creating the conflict. Amendments also clarify that any subsequent appeal lies in the Supreme Court and that a motion to certify a conflict does not extend the time to file an appeal with the Supreme Court.
App. R. 26 specifically acknowledges that an appeals court can sua sponte order en banc consideration, which occurs when all the sitting judges of the district consider a matter that was heard by a three-judge panel.
App. R. 4 clarifies the finality of a judgment in a dental, medical, optometric, or chiropractic claim when there has been a motion for attorney’s fees. The amendments also clarify the procedure to be followed when a notice of appeal is filed before the disposition of all post-trial motions.
App. R. 9 requires that a written transcript be the official record on appeal and that any electronic recording must be transcribed by a court-appointed reporter. Revisions emphasize that the trial court has the discretion to use anyone to transcribe the proceedings but continues to note that a stenographic reporter who was present for the proceedings is always acceptable.
App. R. 21 sets oral arguments in appeals courts automatically for most cases unless a local rule requires a party to request it.
App. R. 25 requires that a motion to certify an inter-district conflict is due within 10 days of the clerk’s service of the judgment or order first creating the conflict. Amendments also clarify that any subsequent appeal lies in the Supreme Court and that a motion to certify a conflict does not extend the time to file an appeal with the Supreme Court.
App. R. 26 specifically acknowledges that an appeals court can sua sponte order en banc consideration, which occurs when all the sitting judges of the district consider a matter that was heard by a three-judge panel.
Tuesday, July 05, 2011
New Intervention in Lieu Statute, R.C. 2951.041
Below is what I believe to be the version of R.C. 2951.041 that is contained in HB 86 which was signed by the Governor last week. I obtained this version from the website of the Ohio State Government, www.ohio.gov. I took out the language that was removed from R.C. 2951.041 and have put the language in italics.
Sec. 2951.041. (A)(1) If an offender is charged with a criminal offense, (G2913.31, or 2919.21 of the Revised Code, and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or that, at the time of committing that offense, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to the offender's criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender's request for intervention in lieu of conviction. The request shall include a statement from the offender as to whether the offender is alleging that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or is alleging that, at the time of committing that offense, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to the criminal offense with which the offender is charged. The request also shall include a waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. The court may reject an offender's request without a hearing. If the court elects to consider an offender's request, the court shall conduct a hearing to determine whether the offender is eligible under this section for intervention in lieu of conviction and shall stay all criminal proceedings pending the outcome of the hearing. If the court schedules a hearing, the court shall order an assessment of the offender for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may order that the offender be assessed by a program certified pursuant to section 3793.06 of the Revised Code or a properly credentialed professional for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan. The program or the properly credentialed professional shall provide a written assessment of the offender to the court.
(2) The victim notification provisions of division (C) of section 2930.08 of the Revised Code apply in relation to any hearing held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or pleaded guilty to a felony offense of violence or previously has been convicted of or pleaded guilty to any felony that is not an offense of violence and the prosecuting attorney recommends that the offender be found eligible for participation in intervention in lieu of treatment under this section, previously has not been through intervention in lieu of conviction under this section or any similar regimen, and is charged with a felony for which the court, upon conviction, would impose sentence under division (B)(2)(b) of section 2929.13 of the Revised Code or with a misdemeanor.
(2) The offense is not a felony of the first, second, or third degree, is not an offense of violence, is not a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code, is not a violation of division (A)(1) of section 2903.08 of the Revised Code, is not a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division, and is not an offense for which a sentencing court is required to impose a mandatory prison term, a mandatory term of local incarceration, or a mandatory term of imprisonment in a jail.
(3) The offender is not charged with a violation of section 2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged with a violation of section 2925.03 of the Revised Code that is a felony of the first, second, third, or fourth degree,and is not charged with a violation of section 2925.11 of the Revised Code that is a felony of the first, second, or third degree.
(4) If an offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court has ordered that the offender be assessed by , a program certified pursuant to section 3793.06 of the Revised Code, or a properly credentialed professional for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan, the offender has been assessed by a program of that nature or a properly credentialed professional in accordance with the court's order, and the program or properly credentialed professional has filed the written assessment of the offender with the court.
(5) If an offender alleges that, at the time of committing the criminal offense with which the offender is charged, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to that offense, the offender has been assessed by a psychiatrist, psychologist, independent social worker, or professional clinical counselor for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
(6) The offender's drug or usage, alcohol usage, mental illness, or intellectual disability, whichever is applicable, was a factor leading to the criminal offense with which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five years of age or older, permanently and totally disabled, under thirteen years of age, or a peace officer engaged in the officer's official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section 2925.24 of the Revised Code, the alleged violation did not result in physical harm to any person, and the offender previously has not been treated for drug abuse.
(9) The offender is willing to comply with all terms and conditions imposed by the court pursuant to division (D) of this section.
(C) At the conclusion of a hearing held pursuant to division (A) of this section, the court shall enter its determination as to whether the offender is eligible for intervention in lieu of conviction and as to whether to grant the offender's request. If the court finds under division (B) of this section that the offender is eligible for intervention in lieu of conviction and grants the offender's request, the court shall accept the offender's plea of guilty and waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. In addition, the court then may stay all criminal proceedings and order the offender to comply with all terms and conditions imposed by the court pursuant to division (D) of this section. If the court finds that the offender is not eligible or does not grant the offender's request, the criminal proceedings against the offender shall proceed as if the offender's request for intervention in lieu of conviction had not been made.
(D) If the court grants an offender's request for intervention in lieu of conviction, the court shall place the offender under the general control and supervision of the county probation department, the adult parole authority, or another appropriate local probation or court services agency, if one exists, as if the offender was subject to a community control sanction imposed under section 2929.15, 2929.18, or 2929.25 of the Revised Code. The court shall establish an intervention plan for the offender. The terms and conditions of the intervention plan shall require the offender, for at least one year from the date on which the court grants the order of intervention in lieu of conviction, to abstain from the use of illegal drugs and alcohol, to participate in treatment and recovery support services, and to submit to regular random testing for drug and alcohol use and may include any other treatment terms and conditions, or terms and conditions similar to community control sanctions, which may include community service or restitution, that are ordered by the court.
(E) If the court grants an offender's request for intervention in lieu of conviction and the court finds that the offender has successfully completed the intervention plan for the offender, including the requirement that the offender abstain from using illegal drugs and alcohol for a period of at least one year from the date on which the court granted the order of intervention in lieu of conviction, the requirement that the offender participate in treatment and recovery support services, and all other terms and conditions ordered by the court, the court shall dismiss the proceedings against the offender. Successful completion of the intervention plan and period of abstinence under this section shall be without adjudication of guilt and is not a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime, and the court may order the sealing of records related to the offense in question in the manner provided in sections 2953.31 to 2953.36 of the Revised Code.
(F) If the court grants an offender's request for intervention in lieu of conviction and the offender fails to comply with any term or condition imposed as part of the intervention plan for the offender, the supervising authority for the offender promptly shall advise the court of this failure, and the court shall hold a hearing to determine whether the offender failed to comply with any term or condition imposed as part of the plan. If the court determines that the offender has failed to comply with any of those terms and conditions, it shall enter a finding of guilty and shall impose an appropriate sanction under Chapter 2929. of the Revised Code. If the court sentences the offender to a prison term, the court, after consulting with the department of rehabilitation and correction regarding the availability of services, may order continued court-supervised activity and treatment of the offender during the prison term and, upon consideration of reports received from the department concerning the offender's progress in the program of activity and treatment, may consider judicial release under section 2929.20 of the Revised Code.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Intervention in lieu of conviction" means any court-supervised activity that complies with this section.
(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(4) "Mental illness" and "psychiatrist" have the same meanings as in section 5122.01 of the Revised Code.
(5) "Person with intellectual disability" means a person having significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period.
(6) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.
(H) Whenever the term "mentally retarded person" is used in any statute, rule, contract, grant, or other document, the reference shall be deemed to include a "person with intellectual disability," as defined in this section.
Sec. 2951.041. (A)(1) If an offender is charged with a criminal offense, (G2913.31, or 2919.21 of the Revised Code, and the court has reason to believe that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or that, at the time of committing that offense, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to the offender's criminal behavior, the court may accept, prior to the entry of a guilty plea, the offender's request for intervention in lieu of conviction. The request shall include a statement from the offender as to whether the offender is alleging that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged or is alleging that, at the time of committing that offense, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to the criminal offense with which the offender is charged. The request also shall include a waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. The court may reject an offender's request without a hearing. If the court elects to consider an offender's request, the court shall conduct a hearing to determine whether the offender is eligible under this section for intervention in lieu of conviction and shall stay all criminal proceedings pending the outcome of the hearing. If the court schedules a hearing, the court shall order an assessment of the offender for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
If the offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court may order that the offender be assessed by a program certified pursuant to section 3793.06 of the Revised Code or a properly credentialed professional for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan. The program or the properly credentialed professional shall provide a written assessment of the offender to the court.
(2) The victim notification provisions of division (C) of section 2930.08 of the Revised Code apply in relation to any hearing held under division (A)(1) of this section.
(B) An offender is eligible for intervention in lieu of conviction if the court finds all of the following:
(1) The offender previously has not been convicted of or pleaded guilty to a felony offense of violence or previously has been convicted of or pleaded guilty to any felony that is not an offense of violence and the prosecuting attorney recommends that the offender be found eligible for participation in intervention in lieu of treatment under this section, previously has not been through intervention in lieu of conviction under this section or any similar regimen, and is charged with a felony for which the court, upon conviction, would impose sentence under division (B)(2)(b) of section 2929.13 of the Revised Code or with a misdemeanor.
(2) The offense is not a felony of the first, second, or third degree, is not an offense of violence, is not a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code, is not a violation of division (A)(1) of section 2903.08 of the Revised Code, is not a violation of division (A) of section 4511.19 of the Revised Code or a municipal ordinance that is substantially similar to that division, and is not an offense for which a sentencing court is required to impose a mandatory prison term, a mandatory term of local incarceration, or a mandatory term of imprisonment in a jail.
(3) The offender is not charged with a violation of section 2925.02, 2925.04, or 2925.06 of the Revised Code, is not charged with a violation of section 2925.03 of the Revised Code that is a felony of the first, second, third, or fourth degree,and is not charged with a violation of section 2925.11 of the Revised Code that is a felony of the first, second, or third degree.
(4) If an offender alleges that drug or alcohol usage by the offender was a factor leading to the criminal offense with which the offender is charged, the court has ordered that the offender be assessed by , a program certified pursuant to section 3793.06 of the Revised Code, or a properly credentialed professional for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan, the offender has been assessed by a program of that nature or a properly credentialed professional in accordance with the court's order, and the program or properly credentialed professional has filed the written assessment of the offender with the court.
(5) If an offender alleges that, at the time of committing the criminal offense with which the offender is charged, the offender had a mental illness or was a person with intellectual disability and that the mental illness or status as a person with intellectual disability was a factor leading to that offense, the offender has been assessed by a psychiatrist, psychologist, independent social worker, or professional clinical counselor for the purpose of determining the offender's eligibility for intervention in lieu of conviction and recommending an appropriate intervention plan.
(6) The offender's drug or usage, alcohol usage, mental illness, or intellectual disability, whichever is applicable, was a factor leading to the criminal offense with which the offender is charged, intervention in lieu of conviction would not demean the seriousness of the offense, and intervention would substantially reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five years of age or older, permanently and totally disabled, under thirteen years of age, or a peace officer engaged in the officer's official duties at the time of the alleged offense.
(8) If the offender is charged with a violation of section 2925.24 of the Revised Code, the alleged violation did not result in physical harm to any person, and the offender previously has not been treated for drug abuse.
(9) The offender is willing to comply with all terms and conditions imposed by the court pursuant to division (D) of this section.
(C) At the conclusion of a hearing held pursuant to division (A) of this section, the court shall enter its determination as to whether the offender is eligible for intervention in lieu of conviction and as to whether to grant the offender's request. If the court finds under division (B) of this section that the offender is eligible for intervention in lieu of conviction and grants the offender's request, the court shall accept the offender's plea of guilty and waiver of the defendant's right to a speedy trial, the preliminary hearing, the time period within which the grand jury may consider an indictment against the offender, and arraignment, unless the hearing, indictment, or arraignment has already occurred. In addition, the court then may stay all criminal proceedings and order the offender to comply with all terms and conditions imposed by the court pursuant to division (D) of this section. If the court finds that the offender is not eligible or does not grant the offender's request, the criminal proceedings against the offender shall proceed as if the offender's request for intervention in lieu of conviction had not been made.
(D) If the court grants an offender's request for intervention in lieu of conviction, the court shall place the offender under the general control and supervision of the county probation department, the adult parole authority, or another appropriate local probation or court services agency, if one exists, as if the offender was subject to a community control sanction imposed under section 2929.15, 2929.18, or 2929.25 of the Revised Code. The court shall establish an intervention plan for the offender. The terms and conditions of the intervention plan shall require the offender, for at least one year from the date on which the court grants the order of intervention in lieu of conviction, to abstain from the use of illegal drugs and alcohol, to participate in treatment and recovery support services, and to submit to regular random testing for drug and alcohol use and may include any other treatment terms and conditions, or terms and conditions similar to community control sanctions, which may include community service or restitution, that are ordered by the court.
(E) If the court grants an offender's request for intervention in lieu of conviction and the court finds that the offender has successfully completed the intervention plan for the offender, including the requirement that the offender abstain from using illegal drugs and alcohol for a period of at least one year from the date on which the court granted the order of intervention in lieu of conviction, the requirement that the offender participate in treatment and recovery support services, and all other terms and conditions ordered by the court, the court shall dismiss the proceedings against the offender. Successful completion of the intervention plan and period of abstinence under this section shall be without adjudication of guilt and is not a criminal conviction for purposes of any disqualification or disability imposed by law and upon conviction of a crime, and the court may order the sealing of records related to the offense in question in the manner provided in sections 2953.31 to 2953.36 of the Revised Code.
(F) If the court grants an offender's request for intervention in lieu of conviction and the offender fails to comply with any term or condition imposed as part of the intervention plan for the offender, the supervising authority for the offender promptly shall advise the court of this failure, and the court shall hold a hearing to determine whether the offender failed to comply with any term or condition imposed as part of the plan. If the court determines that the offender has failed to comply with any of those terms and conditions, it shall enter a finding of guilty and shall impose an appropriate sanction under Chapter 2929. of the Revised Code. If the court sentences the offender to a prison term, the court, after consulting with the department of rehabilitation and correction regarding the availability of services, may order continued court-supervised activity and treatment of the offender during the prison term and, upon consideration of reports received from the department concerning the offender's progress in the program of activity and treatment, may consider judicial release under section 2929.20 of the Revised Code.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(2) "Intervention in lieu of conviction" means any court-supervised activity that complies with this section.
(3) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(4) "Mental illness" and "psychiatrist" have the same meanings as in section 5122.01 of the Revised Code.
(5) "Person with intellectual disability" means a person having significantly subaverage general intellectual functioning existing concurrently with deficiencies in adaptive behavior, manifested during the developmental period.
(6) "Psychologist" has the same meaning as in section 4732.01 of the Revised Code.
(H) Whenever the term "mentally retarded person" is used in any statute, rule, contract, grant, or other document, the reference shall be deemed to include a "person with intellectual disability," as defined in this section.
Saturday, July 02, 2011
Judge Collier's Criminal Docket for June 20, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's criminal docket on June 20, 2011:
April Alford, 35, of Oak Street in Medina, was sentenced to one year in prison for a probation violation on two original charges of Possession of Drugs, both of which are fifth-degree felonies.
Robin Moore, 39, of Whitehall Drive in Berea, was sentenced to two years of community control sanctions, with 180 days in jail, on one count of Theft of Credit Cards, a fifth-degree felony.
Mary Moser, 37, of Main Street in Wadsworth, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Burglary, a fourth-degree felony. Her driver’s license was suspended for six months.
Julio Bermudez, 22, of Denver Avenue in Lorain, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for September 14.
Tyler Carr, 27, of Highview Drive in Wadsworth, pleaded not guilty to two counts of Trafficking in Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for August 17.
Edwin Good, 31, of Big Injun Trail in Chippewa Lake, pleaded no contest to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. Sentencing is scheduled for August 1.
Anthony Hall, 20, of Manchester Drive in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for September 21.
Loretta Lowery-Chrise, 40, of Lafayette Road in Medina, pleaded guilty to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for August 1.
Matthew Morris, 20, of East Woodlawn Avenue in Muncie, pleaded not guilty to one count of Rape, a first-degree felony. A jury trial is scheduled for August 17. He remains in jail on $100,000 bond.
Medina County Prosecutor
The following people appeared in Judge Collier's criminal docket on June 20, 2011:
April Alford, 35, of Oak Street in Medina, was sentenced to one year in prison for a probation violation on two original charges of Possession of Drugs, both of which are fifth-degree felonies.
Robin Moore, 39, of Whitehall Drive in Berea, was sentenced to two years of community control sanctions, with 180 days in jail, on one count of Theft of Credit Cards, a fifth-degree felony.
Mary Moser, 37, of Main Street in Wadsworth, was sentenced to five years of community control sanctions, with 180 days in jail, on one count of Burglary, a fourth-degree felony. Her driver’s license was suspended for six months.
Julio Bermudez, 22, of Denver Avenue in Lorain, pleaded not guilty to one count of Forgery, a fifth-degree felony. A jury trial is scheduled for September 14.
Tyler Carr, 27, of Highview Drive in Wadsworth, pleaded not guilty to two counts of Trafficking in Heroin, both of which are fifth-degree felonies. A jury trial is scheduled for August 17.
Edwin Good, 31, of Big Injun Trail in Chippewa Lake, pleaded no contest to one count of Receiving Stolen Property, Motor Vehicle, a fourth-degree felony. Sentencing is scheduled for August 1.
Anthony Hall, 20, of Manchester Drive in Brunswick, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for September 21.
Loretta Lowery-Chrise, 40, of Lafayette Road in Medina, pleaded guilty to one count of Trafficking in Marijuana, a fifth-degree felony. Sentencing is scheduled for August 1.
Matthew Morris, 20, of East Woodlawn Avenue in Muncie, pleaded not guilty to one count of Rape, a first-degree felony. A jury trial is scheduled for August 17. He remains in jail on $100,000 bond.
Judge Kimbler Criminal Sentences for June 30, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people were sentenced by Judge James Kimbler on June 30, 2011:
Shannon James, 25, of Alameda Avenue in Cuyahoga Falls, was sentenced to one year in prison on one count of Possession of Cocaine, a fifth-degree felony.
Shelby McGhee, 33, of Jacobs Road in Youngstown, was sentenced to two years of community control sanctions on one count of Possession of Marijuana, a fifth-degree felony.
Rik Rocco, 26, of Stone Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs within the Vicinity of a School or Juvenile, both of which are third-degree felonies.
Matthew Tatro, 21, of Front Street in Berea, was sentenced to three years of community control sanctions on two counts of Unlawful Sexual Conduct with a Minor, both of which are fourth-degree felonies. He also was labeled a Tier I Sex Offender.
James Thigpen, 35, of Pine Needle Drive in Seville, was sentenced to five years of community control sanctions on one count of Menacing by Stalking, a fourth-degree felony and one count of Violation of a Protection Order, a fifth-degree felony.
Medina County Prosecutor
The following people were sentenced by Judge James Kimbler on June 30, 2011:
Shannon James, 25, of Alameda Avenue in Cuyahoga Falls, was sentenced to one year in prison on one count of Possession of Cocaine, a fifth-degree felony.
Shelby McGhee, 33, of Jacobs Road in Youngstown, was sentenced to two years of community control sanctions on one count of Possession of Marijuana, a fifth-degree felony.
Rik Rocco, 26, of Stone Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs within the Vicinity of a School or Juvenile, both of which are third-degree felonies.
Matthew Tatro, 21, of Front Street in Berea, was sentenced to three years of community control sanctions on two counts of Unlawful Sexual Conduct with a Minor, both of which are fourth-degree felonies. He also was labeled a Tier I Sex Offender.
James Thigpen, 35, of Pine Needle Drive in Seville, was sentenced to five years of community control sanctions on one count of Menacing by Stalking, a fourth-degree felony and one count of Violation of a Protection Order, a fifth-degree felony.
Judge Collier's Criminal Docket for June 27, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in Judge Collier's court June 27, 2011 for criminal cases:
Christopher Bates, 25, of Abelwhite Avenue in Cleveland, was sentenced to one year in prison on one count of Domestic Violence, a fourth-degree felony.
Anthony Colapietro, 44, of Wedgewood Drive in Medina, was sentenced to five years of community control sanctions on one count of Contaminating a Substance for Human Consumption, a fourth-degree felony.
Jermaine Jackson, 40, of Woodhill Road in Cleveland, was sentenced to six months in prison on one count of Trafficking in Cocaine, a fifth-degree felony. His driver’s license was suspended for six months.
Sarah Kafantaris, 23, of Manhattan Drive in Brunswick, was sentenced to 180 days in jail for a probation violation on an original charge of Possession of Drugs, a fifth-degree felony.
Ashley Krettler, 23, of Stone Road in Litchfield, was sentenced to 30 days in jail for a probation violation on an original charge of Forgery, a fifth-degree felony.
Chastin McLeod, 22, of Abbeyville Road in Medina, was sentenced to 90 days in jail for a probation violation on two original charges of Trafficking in Marijuana, both of which are fifth-degree felonies.
Vincent Milczewski, 25, of Behrwald Avenue in Old Brooklyn, was sentenced to 30 days in jail for a probation violation on an original charge of Burglary, a third-degree felony.
David Alley, 51, of Fay Drive in Wadsworth, pleaded guilty and was sentenced to two years in prison on 19 counts of Pandering Sexual Matter Involving a Minor, 12 of which are second-degree felonies and seven of which are fourth-degree felonies. He was labeled a Tier II Sex Offender.
John Brown, 59, of Crossview Road in Seven Hills, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.
Stephen Dowdy, 24, of Chestnut Street in Sterling, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.
Michael Fergus, 41, of Remsen Road in Medina, pleaded not guilty to four counts of Forgery, all of which are fifth-degree felonies. A jury trial is scheduled for October 3.
Ross Frame, 24, of Buffham Road in Seville, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for October 3.
Michael Knapp, 30, of Wilbanks Drive in Norton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.
Gerald Massie, 33, of Dutt Road in Norton, pleaded guilty and was sentenced to one year in prison on one count of Driving Under the Influence of Drugs or Alcohol, a third-degree felony.
Joseph Nebelski, 38, of West Park in Medina, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for October 3.
Erik Sullen, 19, of Station Road in Valley City, pleaded not guilty to three counts of Trafficking in Drugs, two of which are third-degree felonies and one of which is a fourth-degree felony. A jury trial is scheduled for August 1.
Brandon S. Williams, 28, of N. Kaser Drive in Wadsworth, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for August 29.
Medina County Prosecutor
The following people appeared in Judge Collier's court June 27, 2011 for criminal cases:
Christopher Bates, 25, of Abelwhite Avenue in Cleveland, was sentenced to one year in prison on one count of Domestic Violence, a fourth-degree felony.
Anthony Colapietro, 44, of Wedgewood Drive in Medina, was sentenced to five years of community control sanctions on one count of Contaminating a Substance for Human Consumption, a fourth-degree felony.
Jermaine Jackson, 40, of Woodhill Road in Cleveland, was sentenced to six months in prison on one count of Trafficking in Cocaine, a fifth-degree felony. His driver’s license was suspended for six months.
Sarah Kafantaris, 23, of Manhattan Drive in Brunswick, was sentenced to 180 days in jail for a probation violation on an original charge of Possession of Drugs, a fifth-degree felony.
Ashley Krettler, 23, of Stone Road in Litchfield, was sentenced to 30 days in jail for a probation violation on an original charge of Forgery, a fifth-degree felony.
Chastin McLeod, 22, of Abbeyville Road in Medina, was sentenced to 90 days in jail for a probation violation on two original charges of Trafficking in Marijuana, both of which are fifth-degree felonies.
Vincent Milczewski, 25, of Behrwald Avenue in Old Brooklyn, was sentenced to 30 days in jail for a probation violation on an original charge of Burglary, a third-degree felony.
David Alley, 51, of Fay Drive in Wadsworth, pleaded guilty and was sentenced to two years in prison on 19 counts of Pandering Sexual Matter Involving a Minor, 12 of which are second-degree felonies and seven of which are fourth-degree felonies. He was labeled a Tier II Sex Offender.
John Brown, 59, of Crossview Road in Seven Hills, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.
Stephen Dowdy, 24, of Chestnut Street in Sterling, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.
Michael Fergus, 41, of Remsen Road in Medina, pleaded not guilty to four counts of Forgery, all of which are fifth-degree felonies. A jury trial is scheduled for October 3.
Ross Frame, 24, of Buffham Road in Seville, pleaded not guilty to one count of Theft of a Dangerous Drug, a fourth-degree felony. A jury trial is scheduled for October 3.
Michael Knapp, 30, of Wilbanks Drive in Norton, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for August 29.
Gerald Massie, 33, of Dutt Road in Norton, pleaded guilty and was sentenced to one year in prison on one count of Driving Under the Influence of Drugs or Alcohol, a third-degree felony.
Joseph Nebelski, 38, of West Park in Medina, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for October 3.
Erik Sullen, 19, of Station Road in Valley City, pleaded not guilty to three counts of Trafficking in Drugs, two of which are third-degree felonies and one of which is a fourth-degree felony. A jury trial is scheduled for August 1.
Brandon S. Williams, 28, of N. Kaser Drive in Wadsworth, pleaded not guilty to one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for August 29.
Judge Kimbler's Criminal Sentences for June 23, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people were sentenced by Judge James Kimbler on June 23, 2011:
Tammy Coates, 42, of Campbellsport Road in Ravenna, was sentenced to one year in prison on two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies.
Kyle Hissem, 25, of Lena Lane in Cleveland, was sentenced to three years of community control sanctions on one count of Theft, a fourth-degree felony. He also was ordered to pay $2,500 in restitution to the victim.
Justin Kocisko, 25, of Sterling Station Road in Brunswick, was sentenced to three years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony. His driver’s license was suspended for six months.
Christine Salamon, 32, of Remsen Road in Medina, was sentenced to one year in prison on one count of Theft from the Elderly, a fifth-degree felony.
Kenneth Sherman, 54, of Andrus Street in Akron, was sentenced to a Community Based Corrections Facility on one count of Trafficking in Cocaine within the Vicinity of a School or Juvenile, a fourth-degree felony. His driver’s license was suspended for six months.
Kurt Slansky, 22, of Greenwich Road in Seville, was sentenced to two years of community control sanctions on one count of Receiving Stolen Property, a fifth-degree felony.
Medina County Prosecutor
The following people were sentenced by Judge James Kimbler on June 23, 2011:
Tammy Coates, 42, of Campbellsport Road in Ravenna, was sentenced to one year in prison on two counts of Driving Under the Influence of Drugs or Alcohol, both of which are third-degree felonies.
Kyle Hissem, 25, of Lena Lane in Cleveland, was sentenced to three years of community control sanctions on one count of Theft, a fourth-degree felony. He also was ordered to pay $2,500 in restitution to the victim.
Justin Kocisko, 25, of Sterling Station Road in Brunswick, was sentenced to three years of community control sanctions on one count of Trafficking in Marijuana, a fifth-degree felony. His driver’s license was suspended for six months.
Christine Salamon, 32, of Remsen Road in Medina, was sentenced to one year in prison on one count of Theft from the Elderly, a fifth-degree felony.
Kenneth Sherman, 54, of Andrus Street in Akron, was sentenced to a Community Based Corrections Facility on one count of Trafficking in Cocaine within the Vicinity of a School or Juvenile, a fourth-degree felony. His driver’s license was suspended for six months.
Kurt Slansky, 22, of Greenwich Road in Seville, was sentenced to two years of community control sanctions on one count of Receiving Stolen Property, a fifth-degree felony.
Judge Kimbler's Criminal Docket for June 23, 2011
CRIMINAL DOCKET 6/23/2011
1) 10CR0079; CARR, TYLER C.; 1243 HIGHVIEW DR, WADSWORTH, OH 44281; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5); DEFT TESTED POSITIVE FOR OPIATES (MORPHINE) ON 6/7/2011. DEFT IN CUSTODY. VIOLATION HRG SET FOR 9/1/2011.
2) 09CR0251; BLEDSOE, MAQUE R.; 2820 SHAFFER DR, CINCINNATI, OH 45211; 2923.12(A)(2) CARRYING A CONCEALED WEAPON (F-4), 2923.13(A)(3) HAVING WEAPONS UNDER DISABILITY; DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY BOWERS. CRT ORDERED ARRAIGNMENT CONTINUED TO 6/30/2011 AT 8:30 AM. NO BOND - CAPIAS.
3) 10CR0214; SIDWELL, DAVID A.; 4123 LAUREL ROAD, BRUNSWICK, OH 44212; 2925.03(A)(1)(C) (2)(a) TRAF. IN DRUGS (ALPRAZOLAM) (F-5); DEF WAS FOUND INDIGENT ATTY WELLS APPT'D HRG CONTINUED TO 6/30/11 AT 8:30 AM.
4) 10CR0404; DAVIS, GARY L.; 2079 CONGRESS RD, WOOSTER, OH 44691; 2913.02(A)(3) THEFT (OVER $500) (F-5); JURY TRIAL SCHEDULED FOR 7/26/11 AT 9:00 AM.
5) 10CR0502; SIDWELL, DAVID A.; 4123 LAUREL ROAD, BRUNSWICK, OH 44212; 2911.13(B) BREAKING & ENTERING (F-5) , 2913.02(A)(1) THEFT (>$500) (F-5); DEF WAS FOUND INDIGENT ATTY WELLS APPT'D HRG ON 6/30/11 AT 8:30 AM.
6) 08CR0566; LYONS, TROY L.; 843 W. HOPOCAN, BARBERTON, OH 44203; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5), 2925.11(A)(C) (1)(a) POSSESSION OF DRUGS(OXYCODONE) (F-5); UPON DEFT'S MOTION FOR BOND, HEARING SCHEDULED FOR 7/8/2011 AT 1:30 PM.
7) 09CR0206; DOTSON,MARK R.; 3495 GRAFTON RD, BRUNSWICK, OH 44212; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY CALLOW. CRT ORDERED THAT ARRAIGNMENT BE CONTINUED TO 6/30/2011 AT 8:30 AM.
8) 10CR0447; LEE, BARBARA A.; 673 OAK COURT, UNIT #66, LODI, OH 44254; 2925.03(A)(1)(C) (2)(a) TRAFFICKING IN DRUGS (ALPRAZOLAM) (F-5); DEF WAS FOUND INDIGENT ATTY BRUCE APPT'D HRG CONTINUED TO 6/30/11 AT 8:30 AM.
9) 10CR0411; REES, BERNADETTE; 653 W LIBERTY ST, MEDINA, OH 44256; 2925.03(A)(1)(C) (2)(a) TRAF. IN DRUGS (CODEINE) (F-5); CRT CONTINUES PV VIOLATION ARRAIGNMENT TO 6/30/2011 AT 8:30 AM.
10) 11CR0113; SHERMAN, KENNETH; 175 W MARKET ST, AKRON, OH 44309; 2925.03(A)(1)(C) (4)(b) TRAFFICKING IN DRUGS (COCAINE, SCH. II WITHIN VICINITY OF A JUVENILE) (F-4); BOND REVOKED 6-1-11. HE APPEARED IN PROB. FOR PSI UNDER THE INFLUENCE, 47 DAYS SERVED, CBCF, AFTER CBCF CASE CLOSED.
11) 11CR0062; RABB, ROBERT; 1167 HERMAN STREET, AKRON, OH 44307; 2925.03(A)(1)(C) (4)(c) TRAFFICKING IN DRUGS (CRACK COCAINE SCH. II) (F-4); NO CONTEST TO CHANGE, WAIVE PSI, 6 MOS PRISON.
12) 11CR0012; STOKES, JODI A.; 4177 SEQUOIA DRIVE, MEDINA, OH 44256; 2925.22(A) 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUG (F-5); 6/23/11 HRG ON TREATMENT IN LIEU OF CONVICTION CONTINUED TO 7/14/11 AT 8:30 AM.
13) 97CR0055; MC CLELLAND, DAVID A.; 3416 REIMER RD, NORTON, OH 44203; 2923.12(A) AND (D) CARRYING CONCEALED WEAPON (F-4); ORDER DENYING MOTION FOR EXPUNGEMENT.
14) 11CR0186; MCCUTCHAN, TARA N.; 263 E TUSCARAWAS AVE, BARBERTON, OH 44203; 2925.22(A)(B)(2) (a) 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUG (F-4); DEFT IN CRT W/ ATTY THOMAS REIN. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUGS 2925.22(A)(B)(2)(a) F-4. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.
15) 11CR0266; BROWNING, JASON D.; 40 N MAIN ST, WEST MILTON, OH 45383; 2925.11(A)(C) (4)(a) POSSESSION OF DRUGS (COCAINE) (F-5); CRT CONTINUED APPOINTMENT OF ATTY CAMPBELL; DEFT REPRESENTED BY ATTY STAIDUHAR. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/23/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/16/2011 @ 8:30 AM.
16) 11CR0237; BAILEY, DANIEL D.; 248 TWP ROAD 350, SULLIVAN, OH 44880; 2903.11 FELONIOUS ASSAULT; DEF WAS FOUND INDIGENT. ATTY JAMES J MAYER III APPT'D. DEF ENTERED A PLEA OF NO CONTEST TO THE CHARGE OF THE BILL OF INFORMATION. CRT ACCEPTED DEF'S PLEA AND FOUND DEF GUILTY OF ASSAULT, 2903.13(A), M-1. BOND SET AT OR BOND. DEF REFERRED TO APD FOR PSI. SENTENCING SET FOR 7-29-11 @ 8:30 AM.
17) 11CR0250; WEHNER, ROBERT J.; 3667 RUTH DRIVE, BRUNSWICK, OH 44212; 2913.02(A)(3) THEFT (OVER $500) (F-5) 2925.11(A)(C)(4) (a) POSSESSION OF DRUGS (COCAINE) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY SHELDON. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/23/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/16/2011 @ 8:30 AM.
18) 09CR0240; PRECHTEL, REBECCA L.; 395 WEST UNION STREET APT 1, MEDINA, OH 44256; 2913.02(A)(1) THEFT (>$5,000) (F-4); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY MORRIS. CRT ORDERS CASE RECALLED ON 9/22/2011.
19) 10CR0626; REESE, DASHAWN J.; 1519 S STATE STREET 1, SYRACUSE, NY 13205; 2925.11(A)(C)(3) (c) POSSESSION OF DRUGS (MARIJUANA) (F-5) 2941.1417 AND 2981.04(A)(1) FORFEITURE SPECIFICATION; 6/23/11 HRG ON MOTION FOR TREATMENT IN LIEU OF CONVICTION CONTINUED TO 7/14/11 AT 9:00 AM.
20) 11CR0157; WINKLER, SHARON A.; 27238 BAGLEY RD, OLMSTED TWP, OH 44138; 2925.11(A)(C)(4) (a) POSSESSION OF DRUGS (COCAINE, SCH II) (F-5); DEFT IN CRT W/ ATTY MICHAEL ASH. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO POSSESSION OF DRUGS 2925.11(A)(C)(4)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.
21) 11CR0146; TOMPKINS, TROY N.; 1862 17TH STREET SW, AKRON, OH 44314; 2925.11(A) (C)(1)(a) POSSESSION OF DRUGS (METH, SCH II) (F-5); DEFT IN CRT W/ ATTY ANDREW PARKER. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO POSSESSION OF DRUGS 2925.11(A)(C)(1)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.
22) 10CR0064; ROWE, DARRAH R.; 826 COLONY COURT, WOOSTER, OH 44691; 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (OXYCODONE) (F-5), 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (MORPHINE) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY CHRIS WELLS. 9/22/2011 AT 8:30 AM RECALL CASE.
23) 11CR0289; BOWEN, SARA N.; 6867 CENTERLINE RD, SARANAC, MI 48881; 2923.02(A) AND 2925.22(A) ATTEMPTED DECEPTION TO OBTAIN A DANGEROUS DRUG (F-5); DEFT IN CRT WITH ATTY BRUCE. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/24/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/17/2011 @ 8:30 AM.
24) 11CR0084; BUCKINGHAM, GARY C.; 12846 CLEVELAND ROAD, CRESTON, OH 44217; 2925.03(A)(1)(C) (6)(c) TRAF. IN DRUGS(HEROIN)(F-4) 2925.03(A)(1)(C) (6)(d) TRAF. IN DRUGS (HEROIN) (F-3) 2925.03(A)(1)(C) (6)(c) TRAFFICKING IN DRUGS (HEROIN) (F-4); UPON DEFT'S MOTION TO WEIGH CONTRABAND, HEARING SCHEDULED FOR 7/7/2011 AT 1:30 PM. MOTIONTO WEIGH CONTRABAND FILED BY ATTY DAVID GEDROCK. DEFT IN WITH ATTY DAVID GEDROCK. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 7/25/2011 @ 9:00 AM.
25) 11CR0074; STANEK, JASON A.; 4534 ASPEN LAKE DRIVE, BRUNSWICK, OH 44212; 2909.05(B)(1) (a) VANDALISM (F-5), 2909.05(B)(1) (b) VANDALISM (F-5); DEFT IN CRT W/ ATTY MICHAEL ASH. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO VANDALISM 2909.05(B)(1)(a) F-5 AND VANDALISM 2909.05(B(1)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.
1) 10CR0079; CARR, TYLER C.; 1243 HIGHVIEW DR, WADSWORTH, OH 44281; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5); DEFT TESTED POSITIVE FOR OPIATES (MORPHINE) ON 6/7/2011. DEFT IN CUSTODY. VIOLATION HRG SET FOR 9/1/2011.
2) 09CR0251; BLEDSOE, MAQUE R.; 2820 SHAFFER DR, CINCINNATI, OH 45211; 2923.12(A)(2) CARRYING A CONCEALED WEAPON (F-4), 2923.13(A)(3) HAVING WEAPONS UNDER DISABILITY; DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY BOWERS. CRT ORDERED ARRAIGNMENT CONTINUED TO 6/30/2011 AT 8:30 AM. NO BOND - CAPIAS.
3) 10CR0214; SIDWELL, DAVID A.; 4123 LAUREL ROAD, BRUNSWICK, OH 44212; 2925.03(A)(1)(C) (2)(a) TRAF. IN DRUGS (ALPRAZOLAM) (F-5); DEF WAS FOUND INDIGENT ATTY WELLS APPT'D HRG CONTINUED TO 6/30/11 AT 8:30 AM.
4) 10CR0404; DAVIS, GARY L.; 2079 CONGRESS RD, WOOSTER, OH 44691; 2913.02(A)(3) THEFT (OVER $500) (F-5); JURY TRIAL SCHEDULED FOR 7/26/11 AT 9:00 AM.
5) 10CR0502; SIDWELL, DAVID A.; 4123 LAUREL ROAD, BRUNSWICK, OH 44212; 2911.13(B) BREAKING & ENTERING (F-5) , 2913.02(A)(1) THEFT (>$500) (F-5); DEF WAS FOUND INDIGENT ATTY WELLS APPT'D HRG ON 6/30/11 AT 8:30 AM.
6) 08CR0566; LYONS, TROY L.; 843 W. HOPOCAN, BARBERTON, OH 44203; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5), 2925.11(A)(C) (1)(a) POSSESSION OF DRUGS(OXYCODONE) (F-5); UPON DEFT'S MOTION FOR BOND, HEARING SCHEDULED FOR 7/8/2011 AT 1:30 PM.
7) 09CR0206; DOTSON,MARK R.; 3495 GRAFTON RD, BRUNSWICK, OH 44212; 2925.11(A)(C)(6) (a) POSSESSION OF DRUGS (HEROIN) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY CALLOW. CRT ORDERED THAT ARRAIGNMENT BE CONTINUED TO 6/30/2011 AT 8:30 AM.
8) 10CR0447; LEE, BARBARA A.; 673 OAK COURT, UNIT #66, LODI, OH 44254; 2925.03(A)(1)(C) (2)(a) TRAFFICKING IN DRUGS (ALPRAZOLAM) (F-5); DEF WAS FOUND INDIGENT ATTY BRUCE APPT'D HRG CONTINUED TO 6/30/11 AT 8:30 AM.
9) 10CR0411; REES, BERNADETTE; 653 W LIBERTY ST, MEDINA, OH 44256; 2925.03(A)(1)(C) (2)(a) TRAF. IN DRUGS (CODEINE) (F-5); CRT CONTINUES PV VIOLATION ARRAIGNMENT TO 6/30/2011 AT 8:30 AM.
10) 11CR0113; SHERMAN, KENNETH; 175 W MARKET ST, AKRON, OH 44309; 2925.03(A)(1)(C) (4)(b) TRAFFICKING IN DRUGS (COCAINE, SCH. II WITHIN VICINITY OF A JUVENILE) (F-4); BOND REVOKED 6-1-11. HE APPEARED IN PROB. FOR PSI UNDER THE INFLUENCE, 47 DAYS SERVED, CBCF, AFTER CBCF CASE CLOSED.
11) 11CR0062; RABB, ROBERT; 1167 HERMAN STREET, AKRON, OH 44307; 2925.03(A)(1)(C) (4)(c) TRAFFICKING IN DRUGS (CRACK COCAINE SCH. II) (F-4); NO CONTEST TO CHANGE, WAIVE PSI, 6 MOS PRISON.
12) 11CR0012; STOKES, JODI A.; 4177 SEQUOIA DRIVE, MEDINA, OH 44256; 2925.22(A) 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUG (F-5); 6/23/11 HRG ON TREATMENT IN LIEU OF CONVICTION CONTINUED TO 7/14/11 AT 8:30 AM.
13) 97CR0055; MC CLELLAND, DAVID A.; 3416 REIMER RD, NORTON, OH 44203; 2923.12(A) AND (D) CARRYING CONCEALED WEAPON (F-4); ORDER DENYING MOTION FOR EXPUNGEMENT.
14) 11CR0186; MCCUTCHAN, TARA N.; 263 E TUSCARAWAS AVE, BARBERTON, OH 44203; 2925.22(A)(B)(2) (a) 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUG (F-4); DEFT IN CRT W/ ATTY THOMAS REIN. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO 2 CTS DECEPTION TO OBTAIN A DANGEROUS DRUGS 2925.22(A)(B)(2)(a) F-4. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.
15) 11CR0266; BROWNING, JASON D.; 40 N MAIN ST, WEST MILTON, OH 45383; 2925.11(A)(C) (4)(a) POSSESSION OF DRUGS (COCAINE) (F-5); CRT CONTINUED APPOINTMENT OF ATTY CAMPBELL; DEFT REPRESENTED BY ATTY STAIDUHAR. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/23/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/16/2011 @ 8:30 AM.
16) 11CR0237; BAILEY, DANIEL D.; 248 TWP ROAD 350, SULLIVAN, OH 44880; 2903.11 FELONIOUS ASSAULT; DEF WAS FOUND INDIGENT. ATTY JAMES J MAYER III APPT'D. DEF ENTERED A PLEA OF NO CONTEST TO THE CHARGE OF THE BILL OF INFORMATION. CRT ACCEPTED DEF'S PLEA AND FOUND DEF GUILTY OF ASSAULT, 2903.13(A), M-1. BOND SET AT OR BOND. DEF REFERRED TO APD FOR PSI. SENTENCING SET FOR 7-29-11 @ 8:30 AM.
17) 11CR0250; WEHNER, ROBERT J.; 3667 RUTH DRIVE, BRUNSWICK, OH 44212; 2913.02(A)(3) THEFT (OVER $500) (F-5) 2925.11(A)(C)(4) (a) POSSESSION OF DRUGS (COCAINE) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY SHELDON. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/23/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/16/2011 @ 8:30 AM.
18) 09CR0240; PRECHTEL, REBECCA L.; 395 WEST UNION STREET APT 1, MEDINA, OH 44256; 2913.02(A)(1) THEFT (>$5,000) (F-4); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY MORRIS. CRT ORDERS CASE RECALLED ON 9/22/2011.
19) 10CR0626; REESE, DASHAWN J.; 1519 S STATE STREET 1, SYRACUSE, NY 13205; 2925.11(A)(C)(3) (c) POSSESSION OF DRUGS (MARIJUANA) (F-5) 2941.1417 AND 2981.04(A)(1) FORFEITURE SPECIFICATION; 6/23/11 HRG ON MOTION FOR TREATMENT IN LIEU OF CONVICTION CONTINUED TO 7/14/11 AT 9:00 AM.
20) 11CR0157; WINKLER, SHARON A.; 27238 BAGLEY RD, OLMSTED TWP, OH 44138; 2925.11(A)(C)(4) (a) POSSESSION OF DRUGS (COCAINE, SCH II) (F-5); DEFT IN CRT W/ ATTY MICHAEL ASH. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO POSSESSION OF DRUGS 2925.11(A)(C)(4)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.
21) 11CR0146; TOMPKINS, TROY N.; 1862 17TH STREET SW, AKRON, OH 44314; 2925.11(A) (C)(1)(a) POSSESSION OF DRUGS (METH, SCH II) (F-5); DEFT IN CRT W/ ATTY ANDREW PARKER. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO POSSESSION OF DRUGS 2925.11(A)(C)(1)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.
22) 10CR0064; ROWE, DARRAH R.; 826 COLONY COURT, WOOSTER, OH 44691; 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (OXYCODONE) (F-5), 2925.11(A)(C)(1) (a) POSSESSION OF DRUGS (MORPHINE) (F-5); DEFT WAS FOUND INDIGENT, CRT APPT'D ATTY CHRIS WELLS. 9/22/2011 AT 8:30 AM RECALL CASE.
23) 11CR0289; BOWEN, SARA N.; 6867 CENTERLINE RD, SARANAC, MI 48881; 2923.02(A) AND 2925.22(A) ATTEMPTED DECEPTION TO OBTAIN A DANGEROUS DRUG (F-5); DEFT IN CRT WITH ATTY BRUCE. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 8/24/2011 @ 9:00 AM; PRE-TRIAL SET FOR 8/17/2011 @ 8:30 AM.
24) 11CR0084; BUCKINGHAM, GARY C.; 12846 CLEVELAND ROAD, CRESTON, OH 44217; 2925.03(A)(1)(C) (6)(c) TRAF. IN DRUGS(HEROIN)(F-4) 2925.03(A)(1)(C) (6)(d) TRAF. IN DRUGS (HEROIN) (F-3) 2925.03(A)(1)(C) (6)(c) TRAFFICKING IN DRUGS (HEROIN) (F-4); UPON DEFT'S MOTION TO WEIGH CONTRABAND, HEARING SCHEDULED FOR 7/7/2011 AT 1:30 PM. MOTIONTO WEIGH CONTRABAND FILED BY ATTY DAVID GEDROCK. DEFT IN WITH ATTY DAVID GEDROCK. NOT GUILTY PLEA ENTERED. BOND CONTINUED. TRIAL SET FOR 7/25/2011 @ 9:00 AM.
25) 11CR0074; STANEK, JASON A.; 4534 ASPEN LAKE DRIVE, BRUNSWICK, OH 44212; 2909.05(B)(1) (a) VANDALISM (F-5), 2909.05(B)(1) (b) VANDALISM (F-5); DEFT IN CRT W/ ATTY MICHAEL ASH. CRT FOUND DEFT MET CRITERIA FOR IILOC. DEFT PLED GUILTY TO VANDALISM 2909.05(B)(1)(a) F-5 AND VANDALISM 2909.05(B(1)(a) F-5. CRT MADE NO FINDINGS OF GUILT. DEFT SHALL CONTINUE TREATMENT & BE UNDER SUPERVISION OF APD FOR 3 YRS. NO DRUG/ALCOHOL USE; RANDOM DRUG TESTING AND PAY ALL COSTS.
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