Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 27:
Robert Blazek, 22, of Sharon Copley Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A forfeiture specification is attached to the charges. His driver’s license was suspended for six months.
Kristopher Buterbaugh, 23, of Lodi Road in Lodi, was sentenced to one year in prison on the following charges: one count of Burglary, a second-degree felony; one count of Trafficking in Oxycodone, a third-degree felony; and one count of Possession of Criminal Tools, a fifth-degree felony. His driver’s license was suspended for six months.
Tabitha Lavender, 19, of Prospect Street in Lodi, was sentenced to three years of community control sanctions, with 30 days of house arrest, on one count of Misuse of Credit Cards, Elderly, and one count of Theft of Credit Cards, Elderly, both of which are fifth-degree felonies.
Matthew Myers, 39, of Greenwich Road in Homerville, was sentenced to nine months in prison on one count of Failure to Comply with a Police Officer, a third-degree felony.
Ricki Back, 34, of Lafayette Road in Medina, pleaded not guilty to two counts of Theft of Credit Cards, both of which are fifth-degree felonies. A jury trial is scheduled for December 21.
Kenneth Belcher, 38, of Miner Drive in Medina, pleaded not guilty to the following charges: one count of Possession of Drugs, a third-degree felony; one count of Deception to Obtain a Dangerous Drug, a fourth-degree felony; two counts of Complicity to Commit Illegal Processing of Drug Documents, both of which are fourth-degree felonies; three counts of Illegal Processing of Drug Documents, all of which are fourth-degree felonies; and one four counts of Illegal Processing of Drug Documents, all of which are fifth-degree felonies. A jury trial is scheduled for January 3.
Benjamin Gordon, 24, of Harlem Road in Galena, pleaded not guilty to one count of Burglary, a second-degree felony and one count of Theft, a fifth-degree felony. A jury trial is scheduled for December 20.
Samantha Nelson, 25, of High Street in Wadsworth, pleaded not guilty to three counts of Forgery, both of which are fifth-degree felonies. A jury trial is scheduled for January 4.
Terry Pugh, 50, of West Union Street, pleaded no contest to one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 8.
Friday, October 28, 2011
Judge Collier's Criminal Docket for October 24, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 24:
Jeffrey Turner, 25, of Abbeyville Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Thomas Ady, 35, of Cherokee Lane in Creston, pleaded not guilty to one count of Illegal Processing of Drug Documents, a fourth-degree felony. A jury trial is scheduled for January 23.
Aaron Bain, 25, of Kepler Avenue in Canal Fulton, pleaded no contest to one count of Burglary, a second-degree felony. Sentencing is scheduled for December 15.
Quay Barber, 45, of Birch Hill Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony, and one count of Theft of Drugs, a fourth-degree felony. A jury trial is scheduled for December 7.
Samuel Bissell Jr., 31, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Shanna Bissell, 38, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Jeremy Diestler, 21, of Neff Road in Medina, pleaded no contest to one count of Receiving Stolen Property and guilty to one count of Robbery, a third-degree felony. Sentencing is scheduled for December 15.
Adam Hefflin, 22, of South Huntington Street in Medina, pleaded no contest to one count of Violation of a Protection Order, a fifth-degree felony. Sentencing is scheduled for December 15.
Anthony Konopinski, 20, of Guilford Road in Seville, pleaded no contest to one count of Failure to Comply with a Police Officer, a third-degree felony. Sentencing is scheduled for December 5.
Shary Kovach, 29, of Lafayette Road in Medina, pleaded not guilty to one count of Misuse of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 23.
David Lynch, 45, of Elyria Street in Lodi, pleaded no contest to the following charges: two counts of Attempted Murder, both of which carry a firearm specification; one count of Felonious Assault, a second-degree, which also carries a firearm specification; and one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 5.
Justin Seliskar, 32, of Sturbridge Drive in Medina, pleaded no contest and was sentenced to nine months of community control sanctions on one count of Having Weapons While Under Disability, a third-degree felony.
Loni Yates, 23, of West Union Street, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 25.
Medina County Prosecutor
The following people appeared in court October 24:
Jeffrey Turner, 25, of Abbeyville Road in Medina, was sentenced to three years of community control sanctions on two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Thomas Ady, 35, of Cherokee Lane in Creston, pleaded not guilty to one count of Illegal Processing of Drug Documents, a fourth-degree felony. A jury trial is scheduled for January 23.
Aaron Bain, 25, of Kepler Avenue in Canal Fulton, pleaded no contest to one count of Burglary, a second-degree felony. Sentencing is scheduled for December 15.
Quay Barber, 45, of Birch Hill Drive in Medina, pleaded not guilty to one count of Burglary, a second-degree felony, and one count of Theft of Drugs, a fourth-degree felony. A jury trial is scheduled for December 7.
Samuel Bissell Jr., 31, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Shanna Bissell, 38, of Arkansas, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Jeremy Diestler, 21, of Neff Road in Medina, pleaded no contest to one count of Receiving Stolen Property and guilty to one count of Robbery, a third-degree felony. Sentencing is scheduled for December 15.
Adam Hefflin, 22, of South Huntington Street in Medina, pleaded no contest to one count of Violation of a Protection Order, a fifth-degree felony. Sentencing is scheduled for December 15.
Anthony Konopinski, 20, of Guilford Road in Seville, pleaded no contest to one count of Failure to Comply with a Police Officer, a third-degree felony. Sentencing is scheduled for December 5.
Shary Kovach, 29, of Lafayette Road in Medina, pleaded not guilty to one count of Misuse of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 23.
David Lynch, 45, of Elyria Street in Lodi, pleaded no contest to the following charges: two counts of Attempted Murder, both of which carry a firearm specification; one count of Felonious Assault, a second-degree, which also carries a firearm specification; and one count of Having Weapons While Under Disability, a third-degree felony. Sentencing is scheduled for December 5.
Justin Seliskar, 32, of Sturbridge Drive in Medina, pleaded no contest and was sentenced to nine months of community control sanctions on one count of Having Weapons While Under Disability, a third-degree felony.
Loni Yates, 23, of West Union Street, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for January 25.
Friday, October 21, 2011
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Judge Kimbler's Criminal Docket for October 20, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 20:
Lisa Breedlove, 32, of East Homestead Street in Medina, was sentenced to four years in prison on one count of Burglary, a second-degree felony.
Charles Smith, 28, of Springbrook Drive in Medina, was sentenced to six months in jail on one count of Trafficking in Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Dontayvis Bankston, 38, of Young Street in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for December 20.
Robert Bennett, 28, of 21st Street in Barberton, pleaded not guilty to the following charges: one count of Failure to Comply with a Police Officer, a third-degree felony; one count of Attempted Tampering with Evidence, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for December 19.
Scott Kitchen, 24, of Doylestown, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for December 19.
Heather Weaver, 25, of Third Street in Wadsworth, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for December 21.
Medina County Prosecutor
The following people appeared in court October 20:
Lisa Breedlove, 32, of East Homestead Street in Medina, was sentenced to four years in prison on one count of Burglary, a second-degree felony.
Charles Smith, 28, of Springbrook Drive in Medina, was sentenced to six months in jail on one count of Trafficking in Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Dontayvis Bankston, 38, of Young Street in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for December 20.
Robert Bennett, 28, of 21st Street in Barberton, pleaded not guilty to the following charges: one count of Failure to Comply with a Police Officer, a third-degree felony; one count of Attempted Tampering with Evidence, a fourth-degree felony; and one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for December 19.
Scott Kitchen, 24, of Doylestown, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. The charge carries a forfeiture specification. A jury trial is scheduled for December 19.
Heather Weaver, 25, of Third Street in Wadsworth, pleaded not guilty to one count of Trafficking in Drugs, a fourth-degree felony. A jury trial is scheduled for December 21.
Judge Collier's Criminal Docket for October 17, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 17:
Jason Claycomb, 40, of Bigelow Drive in Chippewa Lake, was sentenced to two years of community control sanctions, with six months in jail, on one count of Driving Under the Influence of Drugs or Alcohol, a fourth-degree felony. The charge carries the specification that the defendant has either been convicted of or pleaded guilty to five or more equivalent offenses within the last twenty years. His driver’s license was suspended for life and his vehicle was ordered to be forfeited to law enforcement.
Sarah Cusick, 29, of North Court Street in Medina, was sentenced to six months in jail for a probation violation on an original charge of Possession of Heroin, a fifth-degree felony.
Lee Long, 23, of Canterbury Lane in Medina, was sentenced to one year in prison on to two counts of Trafficking in Drugs, both of which are third-degree felonies.
Eric Miller, 29, of West Washington Street in Medina, was sentenced to six months in jail for a probation violation on two original charges of Trafficking in Marijuana, both of which are fifth-degree felonies.
Lynn Power, 62, of Meadow Gateway Boulevard in Medina, was sentenced to four years in prison on one count of Gross Sexual Imposition, a third-degree felony. He also was labeled a Tier II Sex Offender.
Vonte Richmond, 57, of Blue Stone Road in Cleveland, was sentenced to one year of community control sanctions on one count of Breaking and Entering, a fifth-degree felony.
Michelle Yonts, 41, of Lawn Avenue in Cleveland, was sentenced to two years of community control sanctions, with six months in jail, on one count of Theft of a Dangerous Drug, a fourth-degree felony.
Buster Emerson, 38, of Broad Street in Wadsworth, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for December 7.
Scott Emick, 41, of East 212th Street in Euclid, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for January 17.
Shin Kim, 42, of Chatham Way in Mayfield Heights, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for January 17.
Kimberly Lawson, 35, of Kentucky Avenue in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for January 18.
Amy Robinson, 36, of Helen Avenue in Brunswick, pleaded not guilty to one count of Theft from the Elderly, a first-degree felony. A jury trial is scheduled for January 17.
Samantha Swingle, 21, of West Washington Street in Medina, pleaded not guilty to one count of Theft of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 18.
Jessica Turpin, 23, of Abbeyville Road in Medina, pleaded not guilty to one count of Theft and one count of Theft from the Elderly, both of which are fifth-degree felonies. A jury trial is scheduled for January 23.
Clinton Vojtech, 34, of West Buckeye Street in West Salem, pleaded not guilty to four counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for January 18.
Medina County Prosecutor
The following people appeared in court October 17:
Jason Claycomb, 40, of Bigelow Drive in Chippewa Lake, was sentenced to two years of community control sanctions, with six months in jail, on one count of Driving Under the Influence of Drugs or Alcohol, a fourth-degree felony. The charge carries the specification that the defendant has either been convicted of or pleaded guilty to five or more equivalent offenses within the last twenty years. His driver’s license was suspended for life and his vehicle was ordered to be forfeited to law enforcement.
Sarah Cusick, 29, of North Court Street in Medina, was sentenced to six months in jail for a probation violation on an original charge of Possession of Heroin, a fifth-degree felony.
Lee Long, 23, of Canterbury Lane in Medina, was sentenced to one year in prison on to two counts of Trafficking in Drugs, both of which are third-degree felonies.
Eric Miller, 29, of West Washington Street in Medina, was sentenced to six months in jail for a probation violation on two original charges of Trafficking in Marijuana, both of which are fifth-degree felonies.
Lynn Power, 62, of Meadow Gateway Boulevard in Medina, was sentenced to four years in prison on one count of Gross Sexual Imposition, a third-degree felony. He also was labeled a Tier II Sex Offender.
Vonte Richmond, 57, of Blue Stone Road in Cleveland, was sentenced to one year of community control sanctions on one count of Breaking and Entering, a fifth-degree felony.
Michelle Yonts, 41, of Lawn Avenue in Cleveland, was sentenced to two years of community control sanctions, with six months in jail, on one count of Theft of a Dangerous Drug, a fourth-degree felony.
Buster Emerson, 38, of Broad Street in Wadsworth, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for December 7.
Scott Emick, 41, of East 212th Street in Euclid, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for January 17.
Shin Kim, 42, of Chatham Way in Mayfield Heights, pleaded not guilty to one count of Felonious Assault, a second-degree felony. A jury trial is scheduled for January 17.
Kimberly Lawson, 35, of Kentucky Avenue in Akron, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for January 18.
Amy Robinson, 36, of Helen Avenue in Brunswick, pleaded not guilty to one count of Theft from the Elderly, a first-degree felony. A jury trial is scheduled for January 17.
Samantha Swingle, 21, of West Washington Street in Medina, pleaded not guilty to one count of Theft of Credit Cards, a fifth-degree felony. A jury trial is scheduled for January 18.
Jessica Turpin, 23, of Abbeyville Road in Medina, pleaded not guilty to one count of Theft and one count of Theft from the Elderly, both of which are fifth-degree felonies. A jury trial is scheduled for January 23.
Clinton Vojtech, 34, of West Buckeye Street in West Salem, pleaded not guilty to four counts of Trafficking in Marijuana, all of which are fifth-degree felonies. A jury trial is scheduled for January 18.
Monday, October 17, 2011
Fired Brunswick Fire Captain Wins Appeal, New Trial Ordered
On Monday, October 17, 2011 the Court of Appeals for the Ninth Judicial District, which hears appeals from trial courts in Lorain, Medina, Summit and Wayne Counties reversed a decision of Judge Kimbler's and remanded the case back to the Medina County Common Pleas Court. The case involved Harry Caudill, a former fire captain in the Brunswick Fire Department, who was fired by the City in 2005. In an earlier proceeding Judge Kimbler had sent the case back to Brunswick for a re-hearing of the City's decision to fire Caudill. The City conducted another hearing and again found that Caudill should be fired.
Caudill appealed that decision to the Medina County Court of Common Pleas and Judge Kimbler held that the City's decision should be reviewed as an administrative appeal under Chapter 2906 of the Ohio Revised Code. The Court of Appeals, however, decided that the case should be handled under Chapter 124 and Chapter 119 of the Revised Code. The difference is substantial. Under the reasoning of the Court of Appeals Mr. Caudill is entitled to a full hearing as opposed to the procedure used by Judge Kimbler in which he reviewed the transcripts of the hearing held by the City.
When the case is remanded back to the Common Pleas Court, Mr. Caudill will have the opportunity to call witnesses in support of his position and to cross-examine the witnesses called by the City. At that hearing the Common Pleas Court will not be under any obligation to give any deference to the City's decision to fire Mr. Caudill. Under the reasoning adopted by Judge Kimbler, the Court was to give deference to the City's decision unless the Court found that the decision was not supported by reliable, probative, and substantial evidence or unless the Court found that the firing was illegal, arbitrary, capricious or unconstitutional.
The City of Brunswick has the opportunity to appeal the Appeals Court's decision. Such a notice of appeal must be filed within 45 days of the October 17, 2011 decision.
Caudill appealed that decision to the Medina County Court of Common Pleas and Judge Kimbler held that the City's decision should be reviewed as an administrative appeal under Chapter 2906 of the Ohio Revised Code. The Court of Appeals, however, decided that the case should be handled under Chapter 124 and Chapter 119 of the Revised Code. The difference is substantial. Under the reasoning of the Court of Appeals Mr. Caudill is entitled to a full hearing as opposed to the procedure used by Judge Kimbler in which he reviewed the transcripts of the hearing held by the City.
When the case is remanded back to the Common Pleas Court, Mr. Caudill will have the opportunity to call witnesses in support of his position and to cross-examine the witnesses called by the City. At that hearing the Common Pleas Court will not be under any obligation to give any deference to the City's decision to fire Mr. Caudill. Under the reasoning adopted by Judge Kimbler, the Court was to give deference to the City's decision unless the Court found that the decision was not supported by reliable, probative, and substantial evidence or unless the Court found that the firing was illegal, arbitrary, capricious or unconstitutional.
The City of Brunswick has the opportunity to appeal the Appeals Court's decision. Such a notice of appeal must be filed within 45 days of the October 17, 2011 decision.
Entry Correcting Clerical Omission in Court's Journal Does Not Provide Defendant With New Right to Appeal
Court Holds That Correction Does Not Create a New 'Final Order' In Case
Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion released by the Court, but only for those cases considered noteworthy or of great public interest. Opinion summaries are not to be considered as official headnotes or syllabi of Court opinions. The full text of this and other Court opinions from 1992 to the present are available online from the Reporter of Decisions. In the Full Text search box, enter the eight-digit case number at the top of this summary and click "Submit."
State v. Lester, Slip Opinion No. 2011-Ohio-5204.
Auglaize App. No. 2-10-20. Judgment affirmed.
O'Connor, C.J., and Pfeifer and McGee Brown, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., concur in part and dissent in part.
Lanzinger, J., dissents.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2011/2011-Ohio-5204.pdf
(Oct. 13, 2011) The Supreme Court of Ohio ruled today that when a trial court makes a “nunc pro tunc” (now for then) entry in its journal to correct a clerical omission in a prior judgment entry recording a criminal conviction, the correcting entry is not a new “final order” in the case that triggers a new right of appeal by the defendant.
In arriving at its decision, the Court modified its 2008 holding in State v. Baker and held that a judgment of conviction is a final order subject to appeal when it sets forth (1) the fact of the conviction, (2) the sentence, (3) the judge’s signature, and (4) the time stamp indicating that the judgment has been entered in the court’s journal.
The Court’s 4-3 majority opinion, authored by Justice Robert R. Cupp, affirmed a ruling by the 3rd District Court of Appeals.
The case involved Steven Lester of Auglaize County, who was convicted of multiple offenses in a 2006 jury trial and sentenced to a prison term to be followed by a term of postrelease control. In its journal entry recording that judgment, the trial court listed the offenses for which Lester had been convicted and the sentence imposed, but did not indicate whether the convictions were based on a guilty or no-contest plea, findings after a bench trial, or a verdict after a jury trial.
Lester appealed. The 3rd District Court of Appeals vacated part of his sentence because of an error in the postrelease control portion of the sentence. On remand, the trial court imposed the same prison term it had previously imposed and corrected the postrelease control portion of the sentence. In its revised sentencing entry, the court listed the offenses for which Lester had been convicted and the corrected sentence, but again did not indicate what type of court proceeding had resulted in his convictions. Lester filed a new appeal. The court of appeals affirmed the trial court’s sentence.
In April 2010 the trial court, on its own initiative, made a nunc pro tunc entry in its journal adding the information that Lester’s convictions were “pursuant to a verdict at Jury Trial returned on May 16, 2006.”
Lester filed a new notice of appeal, asserting that the insertion of the nunc pro tunc correcting entry in the court’s journal had created a “final order” in his case that triggered a new right of appeal. Prior to briefing, the 3rd District dismissed the appeal based on a finding that, because the nunc pro tunc entry had been made for the sole purpose of correcting a clerical omission to make the trial court’s journal accurately reflect what had actually occurred at trial, the correcting entry did not constitute a final order from which Lester had a right of appeal. Lester sought Supreme Court review of the case, and obtained certification of a conflict between the 3rd District’s ruling in his case and a 2010 decision of the 6th District, State v. Lampkin. The Supreme Court recognized the conflict and accepted Lester’s discretionary appeal.
Writing for the majority in today’s decision, Justice Cupp cited the requirement in Ohio Criminal Rule 32(C) that “(a) judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence.” He noted that in State v. Baker, a 2008 decision applying Crim.R. 32(C), the Court included language suggesting that a judgment entry should include “the manner of conviction: a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.”
“(T)his foregoing sentence appears to have created confusion and generated litigation regarding whether a trial court’s inadvertent omission of a defendant’s ‘manner of conviction’ affects the finality of a judgment entry of conviction,” wrote Justice Cupp.
“(W)e begin by observing that the purpose of Crim.R. 32(C) is to ensure that a defendant is on notice concerning when a final judgment has been entered and the time for filing an appeal has begun to run. ... We further observe that Crim.R. 32(C) clearly specifies the substantive requirements that must be included within a judgment entry of conviction to make it final for purposes of appeal and that the rule states that those requirements ‘shall’ be included in the judgment entry of conviction. These requirements are the fact of the conviction, the sentence, the judge’s signature, and the entry on the journal by the clerk. All of these requirements relate to the essence of the act of entering a judgment of conviction and are a matter of substance, and their inclusion in the judgment entry of conviction is therefore required. Without these substantive provisions, the judgment entry of conviction cannot be a final order subject to appeal under R.C. 2505.02. A judgment entry of conviction that includes the substantive provisions places a defendant on notice that a final judgment has been entered and the time for the filing of any appeal has begun.
“In contrast, when the substantive provisions of Crim.R. 32(C) are contained in the judgment of conviction, the trial court’s omission of how the defendant’s conviction was effected, i.e., the ‘manner of conviction,’ does not prevent the judgment of conviction from being an order that is final and subject to appeal. Crim.R. 32(C) does not require a judgment entry of conviction to recite the manner of conviction as a matter of substance, but it does require the judgment entry of conviction to recite the manner of conviction as a matter of form. In this regard, the identification of the particular method by which a defendant was convicted is merely a matter of orderly procedure rather than of substance. A guilty plea, a no-contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial explains how the fact of a conviction was effected. Consequently, the finality of a judgment entry of conviction is not affected by a trial court’s failure to include a provision that indicates the manner by which the conviction was effected, because that language is required by Crim.R. 32(C) only as a matter of form, provided the entry includes all the substantive provisions of Crim.R. 32(C).”
Justice Cupp’s opinion was joined by Chief Justice Maureen O’Connor and Justices Paul E. Pfeifer, and Evelyn Lundberg Stratton.
Justice Terrence O’Donnell entered a separate opinion, joined by Justice Yvette McGee Brown, in which he concurred with the Court’s holding that a judgment entry of conviction qualifies as a final order under Crim.R. 32(C) without stating the manner of a defendant’s conviction. He disagreed, however, with the majority’s further holding that Crim.R. 32(C) requires that such entries include the manner of a defendant’s conviction as a non-substantive “matter of form.”
Justice O’Donnell wrote: “The plain language of Crim.R. 32(C) requires only that ‘[a] judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence’; it does not direct a sentencing court to specify the manner of conviction. Rather, our decision in State v. Baker .... inadvertently added the requirement to specify the manner of conviction to Crim.R. 32(C). The majority makes an effort to sidestep this problem but unnecessarily complicates and compounds the error introduced in Baker by retaining a duty on the part of the sentencing court to specify the manner of conviction as a formal requirement. In my view, we should strike that part of Baker requiring sentencing courts to indicate the manner of conviction in the judgment of conviction and bring an end to the needless and meaningless litigation that ithas spawned, requiring appeals and rehearings all over the state.”
Justice Judith Ann Lanzinger entered a separate dissenting opinion in which she wrote: “Crim.R. 32(C) states what a judge shall do to enter a judgment of conviction that is subject to appeal. (In Baker) (w)e explained this rule and held pursuant to its clear wording: ‘A judgment of conviction is a final appealable order under R.C. 2505.02 when it sets forth (1) the guilty plea, the jury verdict, or the finding of the court upon which the conviction is based; (2) the sentence; (3) the signature of the judge; and (4) entry on the journal by the clerk of court.’ ... Lester’s sentencing entry did not contain the first required element. His judgment entry did not state the manner of his conviction − whether obtained through ‘a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.’”
“ ... (U)nless Crim.R. 32(C) is amended to change ‘the plea, the verdict, or findings, upon which each conviction is based’ to ‘the fact of the conviction,’ the majority’s conclusion that the current phrase is a merely ‘a matter of form’ contradicts the rule. Plainly, it is as much of a requirement as the other elements. Either Crim.R. 32(C) means what it says or it does not.”
Contacts
Amy Otley Beckett: 419.739.6785, for the state and Auglaize County prosecutor's office.
Alexandra T. Schimmer, 614.995.2273, for the Ohio Attorney General.
Jon W. Oebker, 216.696.4884, for Stephen Lester.
Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. Opinion summaries are not prepared for every opinion released by the Court, but only for those cases considered noteworthy or of great public interest. Opinion summaries are not to be considered as official headnotes or syllabi of Court opinions. The full text of this and other Court opinions from 1992 to the present are available online from the Reporter of Decisions. In the Full Text search box, enter the eight-digit case number at the top of this summary and click "Submit."
State v. Lester, Slip Opinion No. 2011-Ohio-5204.
Auglaize App. No. 2-10-20. Judgment affirmed.
O'Connor, C.J., and Pfeifer and McGee Brown, JJ., concur.
Lundberg Stratton and O'Donnell, JJ., concur in part and dissent in part.
Lanzinger, J., dissents.
Opinion: http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2011/2011-Ohio-5204.pdf
(Oct. 13, 2011) The Supreme Court of Ohio ruled today that when a trial court makes a “nunc pro tunc” (now for then) entry in its journal to correct a clerical omission in a prior judgment entry recording a criminal conviction, the correcting entry is not a new “final order” in the case that triggers a new right of appeal by the defendant.
In arriving at its decision, the Court modified its 2008 holding in State v. Baker and held that a judgment of conviction is a final order subject to appeal when it sets forth (1) the fact of the conviction, (2) the sentence, (3) the judge’s signature, and (4) the time stamp indicating that the judgment has been entered in the court’s journal.
The Court’s 4-3 majority opinion, authored by Justice Robert R. Cupp, affirmed a ruling by the 3rd District Court of Appeals.
The case involved Steven Lester of Auglaize County, who was convicted of multiple offenses in a 2006 jury trial and sentenced to a prison term to be followed by a term of postrelease control. In its journal entry recording that judgment, the trial court listed the offenses for which Lester had been convicted and the sentence imposed, but did not indicate whether the convictions were based on a guilty or no-contest plea, findings after a bench trial, or a verdict after a jury trial.
Lester appealed. The 3rd District Court of Appeals vacated part of his sentence because of an error in the postrelease control portion of the sentence. On remand, the trial court imposed the same prison term it had previously imposed and corrected the postrelease control portion of the sentence. In its revised sentencing entry, the court listed the offenses for which Lester had been convicted and the corrected sentence, but again did not indicate what type of court proceeding had resulted in his convictions. Lester filed a new appeal. The court of appeals affirmed the trial court’s sentence.
In April 2010 the trial court, on its own initiative, made a nunc pro tunc entry in its journal adding the information that Lester’s convictions were “pursuant to a verdict at Jury Trial returned on May 16, 2006.”
Lester filed a new notice of appeal, asserting that the insertion of the nunc pro tunc correcting entry in the court’s journal had created a “final order” in his case that triggered a new right of appeal. Prior to briefing, the 3rd District dismissed the appeal based on a finding that, because the nunc pro tunc entry had been made for the sole purpose of correcting a clerical omission to make the trial court’s journal accurately reflect what had actually occurred at trial, the correcting entry did not constitute a final order from which Lester had a right of appeal. Lester sought Supreme Court review of the case, and obtained certification of a conflict between the 3rd District’s ruling in his case and a 2010 decision of the 6th District, State v. Lampkin. The Supreme Court recognized the conflict and accepted Lester’s discretionary appeal.
Writing for the majority in today’s decision, Justice Cupp cited the requirement in Ohio Criminal Rule 32(C) that “(a) judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence.” He noted that in State v. Baker, a 2008 decision applying Crim.R. 32(C), the Court included language suggesting that a judgment entry should include “the manner of conviction: a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.”
“(T)his foregoing sentence appears to have created confusion and generated litigation regarding whether a trial court’s inadvertent omission of a defendant’s ‘manner of conviction’ affects the finality of a judgment entry of conviction,” wrote Justice Cupp.
“(W)e begin by observing that the purpose of Crim.R. 32(C) is to ensure that a defendant is on notice concerning when a final judgment has been entered and the time for filing an appeal has begun to run. ... We further observe that Crim.R. 32(C) clearly specifies the substantive requirements that must be included within a judgment entry of conviction to make it final for purposes of appeal and that the rule states that those requirements ‘shall’ be included in the judgment entry of conviction. These requirements are the fact of the conviction, the sentence, the judge’s signature, and the entry on the journal by the clerk. All of these requirements relate to the essence of the act of entering a judgment of conviction and are a matter of substance, and their inclusion in the judgment entry of conviction is therefore required. Without these substantive provisions, the judgment entry of conviction cannot be a final order subject to appeal under R.C. 2505.02. A judgment entry of conviction that includes the substantive provisions places a defendant on notice that a final judgment has been entered and the time for the filing of any appeal has begun.
“In contrast, when the substantive provisions of Crim.R. 32(C) are contained in the judgment of conviction, the trial court’s omission of how the defendant’s conviction was effected, i.e., the ‘manner of conviction,’ does not prevent the judgment of conviction from being an order that is final and subject to appeal. Crim.R. 32(C) does not require a judgment entry of conviction to recite the manner of conviction as a matter of substance, but it does require the judgment entry of conviction to recite the manner of conviction as a matter of form. In this regard, the identification of the particular method by which a defendant was convicted is merely a matter of orderly procedure rather than of substance. A guilty plea, a no-contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial explains how the fact of a conviction was effected. Consequently, the finality of a judgment entry of conviction is not affected by a trial court’s failure to include a provision that indicates the manner by which the conviction was effected, because that language is required by Crim.R. 32(C) only as a matter of form, provided the entry includes all the substantive provisions of Crim.R. 32(C).”
Justice Cupp’s opinion was joined by Chief Justice Maureen O’Connor and Justices Paul E. Pfeifer, and Evelyn Lundberg Stratton.
Justice Terrence O’Donnell entered a separate opinion, joined by Justice Yvette McGee Brown, in which he concurred with the Court’s holding that a judgment entry of conviction qualifies as a final order under Crim.R. 32(C) without stating the manner of a defendant’s conviction. He disagreed, however, with the majority’s further holding that Crim.R. 32(C) requires that such entries include the manner of a defendant’s conviction as a non-substantive “matter of form.”
Justice O’Donnell wrote: “The plain language of Crim.R. 32(C) requires only that ‘[a] judgment of conviction shall set forth the plea, the verdict, or findings, upon which each conviction is based, and the sentence’; it does not direct a sentencing court to specify the manner of conviction. Rather, our decision in State v. Baker .... inadvertently added the requirement to specify the manner of conviction to Crim.R. 32(C). The majority makes an effort to sidestep this problem but unnecessarily complicates and compounds the error introduced in Baker by retaining a duty on the part of the sentencing court to specify the manner of conviction as a formal requirement. In my view, we should strike that part of Baker requiring sentencing courts to indicate the manner of conviction in the judgment of conviction and bring an end to the needless and meaningless litigation that ithas spawned, requiring appeals and rehearings all over the state.”
Justice Judith Ann Lanzinger entered a separate dissenting opinion in which she wrote: “Crim.R. 32(C) states what a judge shall do to enter a judgment of conviction that is subject to appeal. (In Baker) (w)e explained this rule and held pursuant to its clear wording: ‘A judgment of conviction is a final appealable order under R.C. 2505.02 when it sets forth (1) the guilty plea, the jury verdict, or the finding of the court upon which the conviction is based; (2) the sentence; (3) the signature of the judge; and (4) entry on the journal by the clerk of court.’ ... Lester’s sentencing entry did not contain the first required element. His judgment entry did not state the manner of his conviction − whether obtained through ‘a guilty plea, a no contest plea upon which the court has made a finding of guilt, a finding of guilt based upon a bench trial, or a guilty verdict resulting from a jury trial.’”
“ ... (U)nless Crim.R. 32(C) is amended to change ‘the plea, the verdict, or findings, upon which each conviction is based’ to ‘the fact of the conviction,’ the majority’s conclusion that the current phrase is a merely ‘a matter of form’ contradicts the rule. Plainly, it is as much of a requirement as the other elements. Either Crim.R. 32(C) means what it says or it does not.”
Contacts
Amy Otley Beckett: 419.739.6785, for the state and Auglaize County prosecutor's office.
Alexandra T. Schimmer, 614.995.2273, for the Ohio Attorney General.
Jon W. Oebker, 216.696.4884, for Stephen Lester.
Saturday, October 15, 2011
Judge Kimbler's Criminal Docket for October 13, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 13:
Michael Curtis, 36, of East Liberty Street in Medina, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Edward Violett, 63, of Paradise Road in Seville, was sentenced to two years of community control sanctions on two counts of Gross Sexual Imposition, both of which are third-degree felonies. He also was labeled a Tier II Sex Offender.
Adonis Bell, 32, of Harding Street in Medina, pleaded guilty to two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. Sentencing is scheduled for November 18.
Jennifer Fonseca, 19, of West Park Boulevard in Medina, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 14.
Heather Hursky, 24, of Hametown Road in Doylestown, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of a Detention Facility, a third-degree felony. A jury trial is scheduled for November 21.
Brittany Seifert, 23, of Brunswick, pleaded not guilty to one count of Theft, a fourth-degree felony; one count of Theft of a Credit Card, a fifth-degree felony; and four counts of Theft of a Check, all of which are fifth-degree felonies. A jury trial is scheduled for December 12.
Augustus Simpson, 32, of Weymouth Road in Medina, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a School or Juvenile, a third-degree felony. A jury trial is scheduled for November 28.
Medina County Prosecutor
The following people appeared in court October 13:
Michael Curtis, 36, of East Liberty Street in Medina, was sentenced to three years of community control sanctions, with a period of time in a Community Based Corrections Facility, on two counts of Trafficking in Drugs, both of which are fourth-degree felonies. His driver’s license was suspended for six months.
Edward Violett, 63, of Paradise Road in Seville, was sentenced to two years of community control sanctions on two counts of Gross Sexual Imposition, both of which are third-degree felonies. He also was labeled a Tier II Sex Offender.
Adonis Bell, 32, of Harding Street in Medina, pleaded guilty to two counts of Unlawful Sexual Conduct with a Minor, both of which are third-degree felonies. Sentencing is scheduled for November 18.
Jennifer Fonseca, 19, of West Park Boulevard in Medina, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 14.
Heather Hursky, 24, of Hametown Road in Doylestown, pleaded not guilty to one count of Illegal Conveyance of Weapons or Prohibited Items onto Grounds of a Detention Facility, a third-degree felony. A jury trial is scheduled for November 21.
Brittany Seifert, 23, of Brunswick, pleaded not guilty to one count of Theft, a fourth-degree felony; one count of Theft of a Credit Card, a fifth-degree felony; and four counts of Theft of a Check, all of which are fifth-degree felonies. A jury trial is scheduled for December 12.
Augustus Simpson, 32, of Weymouth Road in Medina, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a School or Juvenile, a third-degree felony. A jury trial is scheduled for November 28.
Judge Collier's Criminal Docket for October 11, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 11:
Brandon Fazekas, 25, of Clinton Road in Doylestown, was sentenced to 120 days in jail for a probation violation on an original charge of Forgery, a fifth-degree felony.
Johnny Mcie, 21, of Sanford Road in Lodi, was sentenced to six months in jail for a probation violation on an original charge of Trafficking in Marijuana, a fifth-degree felony.
Matthew Morris, 20, of Indiana, was sentenced to three years in prison on one count of Rape, a first-degree felony. He also was labeled a Tier III Sex Offender.
Matthew Ashby, 34, of Rivers Edge Drive in Valley City, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for December 27.
Victor Botamer, 47, of St. James Drive in Brunswick, 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 January 9.
Jarrod Cox, 20, of Buffham Road in Seville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for January 4.
Ibrahnim Ibrahim, 24, of Maine, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 4.
Melissa Jones, 51, of Wadsworth Road in Medina, pleaded guilty to one count of Corrupting Another with Drugs, a fourth-degree felony; five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; and one count of Contributing to the Unruliness or Delinquency of a Minor, a first-degree misdemeanor. Sentencing is scheduled for November 21.
Daniel Potter, 27, of North Broadway Street in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for January 17.
Eric Sauers, 46, of West Walnut Street in Wadsworth, pleaded guilty to one count of Trafficking in Heroin, a fifth-degree felony. Sentencing is scheduled for November 21.
Elliot Smith, 42, of Dunbar Circle in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony and one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for December 7.
Medina County Prosecutor
The following people appeared in court October 11:
Brandon Fazekas, 25, of Clinton Road in Doylestown, was sentenced to 120 days in jail for a probation violation on an original charge of Forgery, a fifth-degree felony.
Johnny Mcie, 21, of Sanford Road in Lodi, was sentenced to six months in jail for a probation violation on an original charge of Trafficking in Marijuana, a fifth-degree felony.
Matthew Morris, 20, of Indiana, was sentenced to three years in prison on one count of Rape, a first-degree felony. He also was labeled a Tier III Sex Offender.
Matthew Ashby, 34, of Rivers Edge Drive in Valley City, pleaded not guilty to one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for December 27.
Victor Botamer, 47, of St. James Drive in Brunswick, 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 January 9.
Jarrod Cox, 20, of Buffham Road in Seville, pleaded not guilty to one count of Failure to Comply with a Police Officer, a third-degree felony. A jury trial is scheduled for January 4.
Ibrahnim Ibrahim, 24, of Maine, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for January 4.
Melissa Jones, 51, of Wadsworth Road in Medina, pleaded guilty to one count of Corrupting Another with Drugs, a fourth-degree felony; five counts of Unlawful Sexual Conduct with a Minor, all of which are third-degree felonies; and one count of Contributing to the Unruliness or Delinquency of a Minor, a first-degree misdemeanor. Sentencing is scheduled for November 21.
Daniel Potter, 27, of North Broadway Street in Medina, pleaded not guilty to two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. A jury trial is scheduled for January 17.
Eric Sauers, 46, of West Walnut Street in Wadsworth, pleaded guilty to one count of Trafficking in Heroin, a fifth-degree felony. Sentencing is scheduled for November 21.
Elliot Smith, 42, of Dunbar Circle in Medina, pleaded not guilty to one count of Felonious Assault, a second-degree felony and one count of Domestic Violence, a fourth-degree felony. A jury trial is scheduled for December 7.
Wednesday, October 12, 2011
Law Talk with Attorney Teresa Barrington
Attorney John Celebrezze talks with Medina attorney Teresa Barrington about domestic relations cases:
Supreme Court Adopts Disciplinary System Amendments
The Supreme Court of Ohio has adopted a series of rule amendments designed to enhance Ohio’s disciplinary system for lawyers and judges. The new rules take effect Jan. 1, 2012.
Earlier this year, the Court considered the proposed amendments that were contained in a December 2009 report from an 18-member Task Force to Review the Ohio Disciplinary System appointed by the late Chief Justice Thomas J. Moyer. The Court considered comments received during two public comment periods.
Among the new amendments are those that:
Establish standards for certified grievance committees and create more definite procedures for decertifying grievance committees that fail to adhere to minimum requirements. In addition, new grievance committees would need approval from the Board of Commissioners on Grievances & Discipline.
Add a requirement that bar counsel for each certified grievance committee must take a minimum of three hours of continuing education each year, specifically related to their disciplinary responsibilities. This training would be offered or approved by the Office of Disciplinary Counsel. Bar counsel could be decertified for failing to obtain the required training.
The Court’s review of the disciplinary system follows a five-year process to review, rewrite and adopt new ethical rules governing the conduct of Ohio lawyers (2007) and judges (2009). This was the first comprehensive review of the disciplinary process undertaken by the Court in at least the last 20 years. The last series of major amendments occurred in the late 1990s based on recommendations from a committee appointed by the Ohio State Bar Association.
Earlier this year, the Court considered the proposed amendments that were contained in a December 2009 report from an 18-member Task Force to Review the Ohio Disciplinary System appointed by the late Chief Justice Thomas J. Moyer. The Court considered comments received during two public comment periods.
Among the new amendments are those that:
Establish standards for certified grievance committees and create more definite procedures for decertifying grievance committees that fail to adhere to minimum requirements. In addition, new grievance committees would need approval from the Board of Commissioners on Grievances & Discipline.
Add a requirement that bar counsel for each certified grievance committee must take a minimum of three hours of continuing education each year, specifically related to their disciplinary responsibilities. This training would be offered or approved by the Office of Disciplinary Counsel. Bar counsel could be decertified for failing to obtain the required training.
The Court’s review of the disciplinary system follows a five-year process to review, rewrite and adopt new ethical rules governing the conduct of Ohio lawyers (2007) and judges (2009). This was the first comprehensive review of the disciplinary process undertaken by the Court in at least the last 20 years. The last series of major amendments occurred in the late 1990s based on recommendations from a committee appointed by the Ohio State Bar Association.
Monday, October 10, 2011
Judge Kimbler's HB 86 Seminar Well Received
In September Professional Development Communications in partnership with the Celebrezze-Zanghi Community Legal Education Project conducted two continuing legal education seminars on HB 86, the new criminal sentencing bill. The bill, which took effect on September 30, 2011 makes significant changes to Ohio's criminal sentences. Judge Kimbler presented both seminars.
The title of the seminar was HB 86 & The Common Pleas Court: One Judge's Perspective. Judge Kimbler focused on how HB 86 will affect Ohio's common pleas courts and judges. The seminar attracted attorneys, judges, and one parole officer. The September 17, 2011 seminar had 11 attendees and the September 23 seminar had 19 participants. Both seminars were held at the Rustic Hills Country Club in Medina, Ohio.
Seminar attendees were asked to evaluate Judge Kimbler's presentation on a 1 to 5 point scale. They were asked to rate the presentation; materials; handouts; speaker; and facility. The average scores for all participants were as follows:
Presentation: 4.9
Materials: 4.8
Handouts: 4.8
Speaker: 4.9
Facility: 4.6
HB 86 & The Common Pleas Court: One Judge's Perspective will be offered again during the last week of December. The seminar is certified by the Commission on Continuing Legal Education for 3.0 hours of general CLE credit.
The title of the seminar was HB 86 & The Common Pleas Court: One Judge's Perspective. Judge Kimbler focused on how HB 86 will affect Ohio's common pleas courts and judges. The seminar attracted attorneys, judges, and one parole officer. The September 17, 2011 seminar had 11 attendees and the September 23 seminar had 19 participants. Both seminars were held at the Rustic Hills Country Club in Medina, Ohio.
Seminar attendees were asked to evaluate Judge Kimbler's presentation on a 1 to 5 point scale. They were asked to rate the presentation; materials; handouts; speaker; and facility. The average scores for all participants were as follows:
Presentation: 4.9
Materials: 4.8
Handouts: 4.8
Speaker: 4.9
Facility: 4.6
HB 86 & The Common Pleas Court: One Judge's Perspective will be offered again during the last week of December. The seminar is certified by the Commission on Continuing Legal Education for 3.0 hours of general CLE credit.
Judge Collier's Criminal Docket for October 7, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 7:
Cassie Jones, 24, of Miner Drive in Medina, was sentenced to five years of community control sanctions on five counts of Misuse of Credit Cards, Elderly, a fifth-degree felony.
Lynn Power, 61, of Meadow Gateway in Medina, pleaded no contest to one count of Gross Sexual Imposition, a third-degree felony. Sentencing is scheduled for October 17.
Medina County Prosecutor
The following people appeared in court October 7:
Cassie Jones, 24, of Miner Drive in Medina, was sentenced to five years of community control sanctions on five counts of Misuse of Credit Cards, Elderly, a fifth-degree felony.
Lynn Power, 61, of Meadow Gateway in Medina, pleaded no contest to one count of Gross Sexual Imposition, a third-degree felony. Sentencing is scheduled for October 17.
Judge Kimblber's Criminal Docket for October 6, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court October 6:
Brandon Williams, 23, of East 146th Street in Cleveland, was sentenced to two years and seven months in prison on one count of Burglary, a third-degree felony and one count of Theft of a Firearm, both of which are third-degree felonies; and one count of Theft, a fifth-degree felony. All the charges carry a firearm specification.
Jerry Bianco, 35, of Wildflower Drive in North Canton, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for December 6.
Jeremy Diestler, 21, of Seville Road in Seville, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 7.
Shane Jones, 33, of Wall Road in Rittman, pleaded no contest to one count of Possession of Cocaine, one count of Receiving Stolen Property and one count Theft of a Credit Card, all of which are fifth-degree felonies. Sentencing is scheduled for November 10.
Israel Lopez Jr., 39, of Brandan Avenue in Youngstown, pleaded no contest to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for November 22.
John Reichle, 58, of Montgomery Drive in Brunswick, pleaded guilty to one count of Gross Sexual Imposition, a fourth-degree felony. Sentencing is scheduled for November 21.
Blaine Rocha, 30, of Township Road 2375 in Perrysville, pleaded not guilty to one count of Trafficking in Drugs within the Vicinity of a Juvenile or School, a second-degree felony. A jury trial is scheduled for December 6.
Justine Sorrentino, 53, of Main Street in Wadsworth, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for December 7.
Micaela Strickland, 26, of Toby Terrace in Akron, pleaded not guilty to one count of Possession of Cocaine, a third-degree felony. A jury trial is scheduled for December 5.
Lewis Urconis Jr. 19, of Dover Road in Apple Creek, pleaded no contest to one count of Trafficking in Drugs, a fourth-degree felony. Sentencing is scheduled for November 10.
Medina County Prosecutor
The following people appeared in court October 6:
Brandon Williams, 23, of East 146th Street in Cleveland, was sentenced to two years and seven months in prison on one count of Burglary, a third-degree felony and one count of Theft of a Firearm, both of which are third-degree felonies; and one count of Theft, a fifth-degree felony. All the charges carry a firearm specification.
Jerry Bianco, 35, of Wildflower Drive in North Canton, pleaded not guilty to one count of Possession of Cocaine, a fifth-degree felony. A jury trial is scheduled for December 6.
Jeremy Diestler, 21, of Seville Road in Seville, pleaded not guilty to one count of Receiving Stolen Property, a fifth-degree felony. A jury trial is scheduled for December 7.
Shane Jones, 33, of Wall Road in Rittman, pleaded no contest to one count of Possession of Cocaine, one count of Receiving Stolen Property and one count Theft of a Credit Card, all of which are fifth-degree felonies. Sentencing is scheduled for November 10.
Israel Lopez Jr., 39, of Brandan Avenue in Youngstown, pleaded no contest to one count of Breaking and Entering, a fifth-degree felony. A jury trial is scheduled for November 22.
John Reichle, 58, of Montgomery Drive in Brunswick, pleaded guilty to one count of Gross Sexual Imposition, a fourth-degree felony. Sentencing is scheduled for November 21.
Blaine Rocha, 30, of Township Road 2375 in Perrysville, pleaded not guilty to one count of Trafficking in Drugs within the Vicinity of a Juvenile or School, a second-degree felony. A jury trial is scheduled for December 6.
Justine Sorrentino, 53, of Main Street in Wadsworth, pleaded not guilty to one count of Receiving Stolen Property, a fourth-degree felony. A jury trial is scheduled for December 7.
Micaela Strickland, 26, of Toby Terrace in Akron, pleaded not guilty to one count of Possession of Cocaine, a third-degree felony. A jury trial is scheduled for December 5.
Lewis Urconis Jr. 19, of Dover Road in Apple Creek, pleaded no contest to one count of Trafficking in Drugs, a fourth-degree felony. Sentencing is scheduled for November 10.
Saturday, October 01, 2011
Judge Kimbler's Criminal Docket for September 29, 2011
Submitted by Dean Holman
Medina County Prosecutor
The following people appeared in court September 29:
James Carney, 35, of Birch Hill Drive in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony and two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Benjamin Corliss, 22, of Detroit Avenue in Lakewood, was sentenced to three years of community control sanctions on the following charges: one count of Tampering with Evidence, a third-degree felony; one count of Theft, a fifth-degree felony; and three count of Trafficking in a Counterfeit Controlled Substance, all of which are fifth-degree felonies. His driver’s license was suspended for six months and he was ordered to pay $500 restitution.
Gregg Coyne, 42, of Big Injun Trail in Chippewa Lake, was sentenced to three years of community control sanctions on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Jemil Henderson, 19, of North Harmony Street in Medina, 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.
Curtis Martin, 38, of Substation Road in Brunswick, was sentenced to six months in jail on one count of Domestic Violence, a fourth-degree felony.
Sean Pack, 26, of Spring Garden Road in Parma, was convicted of one count of Aggravated Burglary and one count of Aggravated Robbery, both of which are first-degree felonies, with a Repeat Violent Offender Specification. He was sentenced to eight years in prison and ordered to pay $3,000 restitution to the victim.
Kristen VanHauter, 41, of High Street, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs and one count of Trafficking in Heroin, all of which are fifth-degree felonies. Her driver’s license was suspended for six months.
Crissy Wortman, 30, of Raglan Drive in Warren, was sentenced to two years of community control sanctions, with 30 days in jail, on one count of Receiving Stolen Property, a fifth-degree felony.
Jeffrey Askew, 28, of Medina, pleaded not guilty to one count of Burglary, a second-degree felony. A jury trial is scheduled for November 28.
Jesse Coble, 28, of Bevan Road in Barberton, pleaded not guilty to one count of Burglary, a third-degree felony and one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 21.
Daniel Costanzo, 50, of Ira Street in Cleveland, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 30.
Shari Cross, 18, of Highland Avenue in Wadsworth, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 29.
Ricardo Feliciano, 24, of River Street in Lodi, pleaded guilty and was sentenced to seven months in prison on one count of Receiving Stolen Property, Motor Vehicle, and one count of Theft, Motor Vehicle, both of which are fourth-degree felonies.
David Gebers, 46, of West Walnut Street in Wadsworth, pleaded not guilty to one count of Trafficking in Heroin, a fifth-degree felony. A jury trial is scheduled for November 23.
Jennifer Nuendorff, 27, of North Elmwood Street in Medina, pleaded not guilty to three counts of Trafficking in Heroin within the Vicinity of a Juvenile or School, one of which is a third-degree felony and two of which are fourth-degree felonies and one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Aaron Peak, 25, of Beverly Hills Drive in Brunswick, pleaded not guilty to one count of Domestic Violence, a fifth-degree felony. A jury trial is scheduled for November 30.
Shane Powers, 37, of Ryan Road in Medina, pleaded no contest to one count of Violation of a Protection Order, a fifth-degree felony. Sentencing is scheduled for November 4.
Jeffrey Rini, 48, of North Elmwood Street in Medina, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a Juvenile or School, a fourth-degree felony. A jury trial is scheduled for November 29.
Shawn Roberts, 26, of Eastern Road in Rittman, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for November 29.
James J. Smiley Sr., 46, of Redfern Road in Chippewa Lake, pleaded not guilty to one count of Burglary, a third-degree felony; one count of Theft, Motor Vehicle, and one count of Safecracking, both of which are fourth-degree felonies. A jury trial is scheduled for November 28.
Edward Tanner, 29, of Benton Street in Barberton, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for November 28.
Jason Zappe, 27, of West Liberty Street, pleaded not guilty to one count of Trafficking in Crack Cocaine within the Vicinity of a Juvenile, a third-degree felony and one count of Theft, a first-degree misdemeanor. A jury trial is scheduled for November 29.
Medina County Prosecutor
The following people appeared in court September 29:
James Carney, 35, of Birch Hill Drive in Medina, was sentenced to three years of community control sanctions on one count of Trafficking in Drugs, a fourth-degree felony and two counts of Trafficking in Marijuana, both of which are fifth-degree felonies. His driver’s license was suspended for six months.
Benjamin Corliss, 22, of Detroit Avenue in Lakewood, was sentenced to three years of community control sanctions on the following charges: one count of Tampering with Evidence, a third-degree felony; one count of Theft, a fifth-degree felony; and three count of Trafficking in a Counterfeit Controlled Substance, all of which are fifth-degree felonies. His driver’s license was suspended for six months and he was ordered to pay $500 restitution.
Gregg Coyne, 42, of Big Injun Trail in Chippewa Lake, was sentenced to three years of community control sanctions on one count of Possession of Heroin, a fifth-degree felony. His driver’s license was suspended for six months.
Jemil Henderson, 19, of North Harmony Street in Medina, 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.
Curtis Martin, 38, of Substation Road in Brunswick, was sentenced to six months in jail on one count of Domestic Violence, a fourth-degree felony.
Sean Pack, 26, of Spring Garden Road in Parma, was convicted of one count of Aggravated Burglary and one count of Aggravated Robbery, both of which are first-degree felonies, with a Repeat Violent Offender Specification. He was sentenced to eight years in prison and ordered to pay $3,000 restitution to the victim.
Kristen VanHauter, 41, of High Street, was sentenced to three years of community control sanctions on two counts of Trafficking in Drugs and one count of Trafficking in Heroin, all of which are fifth-degree felonies. Her driver’s license was suspended for six months.
Crissy Wortman, 30, of Raglan Drive in Warren, was sentenced to two years of community control sanctions, with 30 days in jail, on one count of Receiving Stolen Property, a fifth-degree felony.
Jeffrey Askew, 28, of Medina, pleaded not guilty to one count of Burglary, a second-degree felony. A jury trial is scheduled for November 28.
Jesse Coble, 28, of Bevan Road in Barberton, pleaded not guilty to one count of Burglary, a third-degree felony and one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 21.
Daniel Costanzo, 50, of Ira Street in Cleveland, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 30.
Shari Cross, 18, of Highland Avenue in Wadsworth, pleaded not guilty to one count of Theft, a fifth-degree felony. A jury trial is scheduled for November 29.
Ricardo Feliciano, 24, of River Street in Lodi, pleaded guilty and was sentenced to seven months in prison on one count of Receiving Stolen Property, Motor Vehicle, and one count of Theft, Motor Vehicle, both of which are fourth-degree felonies.
David Gebers, 46, of West Walnut Street in Wadsworth, pleaded not guilty to one count of Trafficking in Heroin, a fifth-degree felony. A jury trial is scheduled for November 23.
Jennifer Nuendorff, 27, of North Elmwood Street in Medina, pleaded not guilty to three counts of Trafficking in Heroin within the Vicinity of a Juvenile or School, one of which is a third-degree felony and two of which are fourth-degree felonies and one count of Possession of Heroin, a fifth-degree felony. A jury trial is scheduled for November 21.
Aaron Peak, 25, of Beverly Hills Drive in Brunswick, pleaded not guilty to one count of Domestic Violence, a fifth-degree felony. A jury trial is scheduled for November 30.
Shane Powers, 37, of Ryan Road in Medina, pleaded no contest to one count of Violation of a Protection Order, a fifth-degree felony. Sentencing is scheduled for November 4.
Jeffrey Rini, 48, of North Elmwood Street in Medina, pleaded not guilty to one count of Trafficking in Heroin within the Vicinity of a Juvenile or School, a fourth-degree felony. A jury trial is scheduled for November 29.
Shawn Roberts, 26, of Eastern Road in Rittman, pleaded not guilty to one count of Possession of Drugs, a fifth-degree felony. A jury trial is scheduled for November 29.
James J. Smiley Sr., 46, of Redfern Road in Chippewa Lake, pleaded not guilty to one count of Burglary, a third-degree felony; one count of Theft, Motor Vehicle, and one count of Safecracking, both of which are fourth-degree felonies. A jury trial is scheduled for November 28.
Edward Tanner, 29, of Benton Street in Barberton, pleaded not guilty to one count of Illegal Manufacture of Drugs, a third-degree felony. A jury trial is scheduled for November 28.
Jason Zappe, 27, of West Liberty Street, pleaded not guilty to one count of Trafficking in Crack Cocaine within the Vicinity of a Juvenile, a third-degree felony and one count of Theft, a first-degree misdemeanor. A jury trial is scheduled for November 29.
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