first-degree misdemeanor violation in Ohio

2022The parties agree that the trial court erroneously 3 OHIO FIRST DISTRICT COURT OF APPEALS accepted Thomas’s guilty plea to count five as amended to a first-degree misdemeanor in violation of R.C. 2913.51(A) and found Thomas guilty of that count, but sentenced Thomas for a felony. {¶10} A criminal “sentence is a penalty or combination of penalties imposed on a defendant as punishment for the offense he or she is found guilty of committing.” State v. Harris, 132 Ohio St.3d 318 , 2012-Ohio-1908 , 972 N.E.2d 509, ¶ 28 .

2022The parties agree that the trial court erroneously 3 OHIO FIRST DISTRICT COURT OF APPEALS accepted Thomas’s guilty plea to count five as amended to a first-degree misdemeanor in violation of R.C. 2913.51(A) and found Thomas guilty of that count, but sentenced Thomas for a felony. {¶10} A criminal “sentence is a penalty or combination of penalties imposed on a defendant as punishment for the offense he or she is found guilty of committing.” State v. Harris, 132 Ohio St.3d 318 , 2012-Ohio-1908 , 972 N.E.2d 509, ¶ 28 .

2021Tampering with Evidence, a third-degree felony in violation of R.C. 2921.12(A)(1), with a firearm specification. [Cite as State v. Tupuola, 2021-Ohio-2577 .] {¶3} Tupuola was arraigned on May 13, 2020 and entered a not guilty plea to all charges. {¶4} Counsel for Tupuola filed a Suggestion of Incompetence to Stand Trial and requested a mental evaluation.

2021PROSECUTING ATTORNEY 110 Central Plaza South, Suite 510 Canton, OH 44702-1413 [Cite as State v. Green, 2021-Ohio-3260 .] Delaney, J. {¶1} Defendant-Appellant Dion Daizhon Green appeals his conviction and sentence by the Stark County Court of Common Pleas for one count of domestic violence, a first-degree misdemeanor in violation of R.C. 2919.25(A)(D)(2).

2019State v. Bates, 118 Ohio St.3d 174 , 2008-Ohio-1983 , 887 N.E.2d 328, ¶ 19 ; Olmsted Falls v. Clifford, 8th Dist.

2019State v. Bates, 118 Ohio St.3d 174 , 2008-Ohio-1983 , 887 N.E.2d 328, ¶ 19 ; Olmsted Falls v. Clifford, 8th Dist.

2019Scioto No. 12CA3507, 2014-Ohio-1941, ¶ 23 . {¶10} As set forth above, Appellant was charged with and convicted of one count of theft, a first-degree misdemeanor in violation of R.C. 2913.02, which provides, in pertinent part, as follows: “(A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized to give consent; (2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent;

2018Harper was arraigned on October 6, 2016; he pled not guilty to the indictment. {¶ 4} On November 29, 2016, Harper filed a motion to exclude certain testimony pursuant to Evid.R. 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993).

2018Harper was arraigned on October 6, 2016; he pled not guilty to the indictment. {¶ 4} On November 29, 2016, Harper filed a motion to exclude certain testimony pursuant to Evid.R. 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993).

2018"Absent strict compliance with the requirements of R.C. 2945.05, a trial court lacks jurisdiction to try the defendant without a jury." State v. Pless , 74 Ohio St.3d 333 , 658 N.E.2d 766 (1996), paragraph one of the syllabus. {¶ 21} In this case, Krebs validly invoked his right to a jury trial on the failure to comply with a lawful police order-a first-degree misdemeanor violation-when he filed a written jury demand that complied with the dictates of Crim.R. 23(A).

2018"Absent strict compliance with the requirements of R.C. 2945.05, a trial court lacks jurisdiction to try the defendant without a jury." State v. Pless , 74 Ohio St.3d 333 , 658 N.E.2d 766 (1996), paragraph one of the syllabus. {¶ 21} In this case, Krebs validly invoked his right to a jury trial on the failure to comply with a lawful police order-a first-degree misdemeanor violation-when he filed a written jury demand that complied with the dictates of Crim.R. 23(A).

2016Mary DeGenaro Dated: May 31, 2016 [Cite as State v. Grey, 2016-Ohio-3249 .] DONOFRIO, P.J. {¶1} Defendant-appellant, Chad Grey, appeals from a Columbiana County Common Pleas Court judgment convicting him of illegal use of a minor in nudity oriented materials or performance, importuning, and disseminating matter harmful to juveniles, following his guilty plea. {¶2} On June 26, 2014, a Columbiana County Grand Jury indicted appellant on one count of illegal use of a minor in nudity-oriented material or performance, a fifth-degree felony in violation of R.C. 2907.323(A)(3); one count of importunin

2012However, “[o]n the trial of a case, * * * the weight to be given the evidence Pickaway App. No. 11CA9 14 and the credibility of the witnesses are primarily for the trier of the facts.” State v. DeHass (1967), 10 Ohio St.2d 230 , 227 N.E.2d 212 at paragraph one of the syllabus. {¶19} Appellant was convicted of assaulting Brandon Hardesty,2 the offense of which is a first degree misdemeanor in violation of R.C. 2903.13, which provides that “[n]o person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.” Here, the State presented the testimony of Deputy Bac

2012However, “[o]n the trial of a case, * * * the weight to be given the evidence Pickaway App. No. 11CA9 14 and the credibility of the witnesses are primarily for the trier of the facts.” State v. DeHass (1967), 10 Ohio St.2d 230 , 227 N.E.2d 212 at paragraph one of the syllabus. {¶19} Appellant was convicted of assaulting Brandon Hardesty,2 the offense of which is a first degree misdemeanor in violation of R.C. 2903.13, which provides that “[n]o person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.” Here, the State presented the testimony of Deputy Bac

2011State v. Adams (1980), 62 Ohio St.2d 151, 157 , 16 O.O.3d 169 , 404 N.E.2d 144 . {¶27} Vittorio was convicted of Violating Protection Order, a first degree misdemeanor violation of R.C. 2919.27, and Possession of Marijuana, a minor misdemeanor violation of R.C. 2925.11(A)(C)(3)(a).

2011State v. Adams (1980), 62 Ohio St.2d 151, 157 , 16 O.O.3d 169 , 404 N.E.2d 144 . {¶27} Vittorio was convicted of Violating Protection Order, a first degree misdemeanor violation of R.C. 2919.27, and Possession of Marijuana, a minor misdemeanor violation of R.C. 2925.11(A)(C)(3)(a).

2011Waite Dated: February 28, 2011 [Cite as State v. Dumas, 2011-Ohio-1003 .] DONOFRIO, J. {¶1} Defendant-appellant, Nathaniel Dumas, appeals from a Youngstown Municipal Court judgment convicting him of misdemeanor assault following a bench trial and finding him in contempt for his behavior during trial. {¶2} On November 23, 2009, a complaint was filed against appellant charging him with assault, a first-degree misdemeanor in violation of R.C. 2903.13(A).

2011Mary DeGenaro Dated: January 24, 2011 [Cite as State v. Dimuzio, 2011-Ohio-420 .] DONOFRIO, J. {¶1} Defendant-appellant, James Dimuzio, appeals from a Mahoning County Common Pleas Court judgment denying his motion to terminate the balance of his sentence for assault. {¶2} On December 17, 2004, appellant pleaded no contest to a charge of assault, a first-degree misdemeanor in violation of R.C. 2903.13(A).

2007In felony cases and misdemeanor cases involving serious offenses, a judge must also ‘addres[s] the defendant personally’ and ‘determin[e] that the defendant is making the plea voluntarily.’ ” 99 Ohio St.3d 12 , 2003-Ohio-2419 , 788 N.E.2d 635, ¶ 26 , quoting Crim.R. 11(C)(2)(a). {¶ 14} Jones entered a plea of guilty to a charge of domestic violence, a first-degree misdemeanor in violation of R.C. 2919.25(D)(2), which is subject to a maximum sentence of 180 days.

2007In felony cases and misdemeanor cases involving serious offenses, a judge must also ‘addres[s] the defendant personally’ and ‘determin[e] that the defendant is making the plea voluntarily.’ ” 99 Ohio St.3d 12 , 2003-Ohio-2419 , 788 N.E.2d 635, ¶ 26 , quoting Crim.R. 11(C)(2)(a). {¶ 14} Jones entered a plea of guilty to a charge of domestic violence, a first-degree misdemeanor in violation of R.C. 2919.25(D)(2), which is subject to a maximum sentence of 180 days.

2007State v. DePue (1994), 96 Ohio App.3d 513 , 645 N.E.2d 745 . {¶ 7} Although Appellee was originally charged with domestic violence, a first degree misdemeanor in violation of R.C. 2929.15 , that charge was dismissed and re-filed as assault under R.C. 2903.13 , also a misdemeanor of the first degree.

2007State v. DePue (1994), 96 Ohio App.3d 513 , 645 N.E.2d 745 . {¶ 7} Although Appellee was originally charged with domestic violence, a first degree misdemeanor in violation of R.C. 2929.15 , that charge was dismissed and re-filed as assault under R.C. 2903.13 , also a misdemeanor of the first degree.