{¶46} Oral argument was originally set for November 16, 2016, but was reset for January 18, 2017 due to scheduling conflicts. On December 12, 2016, Appellant’s attorney filed notice of intent to rely on supplemental authority and attached the Ohio Supreme Court’s case of State v. Hand, __ Ohio St.3d __, 2016-Ohio-5504, __ N.E.3d __ (released August 25, 2016). At oral argument, counsel argued it violated due process to use Appellant’s juvenile adjudication as an element of having a weapon while under disability. The state responded by pointing out other qualifying criteria for the disability element do not involve convictions obtained through a jury trial.
{¶2} On September 16, 2011, seventeen-year-old Joshua Davis was shot four times which caused his death. Appellant was indicted for: aggravated murder in violation of R.C. 2903.01(B) for purposely causing the death in connection with an aggravated robbery; aggravated robbery in violation of R.C. 2911.01(A)(1), which involves a deadly weapon; accompanying firearm specifications; and having a weapon while under disability in violation of R.C. 2923.13(A)(2) (due to a prior juvenile adjudication for an offense that would be a felony offense of violence if committed by an adult). Prior to the jury trial, Appellant waived the right to trial by jury on the charge of having a weapon while under disability and agreed to have this count tried to the bench.
{¶31} Appellant’s first assignment of error, which we are addressing last, provides: “Appellant’s sentence is both contrary to law and an abuse of discretion as the trial court failed to make any of the findings required by R.C. 2929.12 prior to imposing the maximum sentence allowed by law.”
appeals the judgment of the Mahoning County Common Pleas Court finding him guilty of having a weapon while under disability and imposing a maximum sentence of 36 months in prison. Appellant contends there was insufficient evidence to support the conviction and the trial court’s decision was contrary to the manifest weight of the evidence. In submitting supplemental authority, he contends a juvenile adjudication cannot be used as an element of the offense. Regarding his sentence, Appellant argues the court failed to make findings under R.C. 2929.12 and failed to provide support for a maximum sentence. As these arguments are without merit, Appellant’s conviction and sentence are affirmed. However, the matter is remanded to the trial court with instructions to issue a nunc pro tunc entry as the consecutive sentence findings made at the sentencing hearing were not set forth in the sentencing entry and there is a clerical error in reciting the number of months imposed as Appellant’s sentence.
{¶53} For all of the foregoing reasons: Appellant’s conviction for having a weapon while under disability is affirmed; the imposition of a 36 month sentence is affirmed; but the matter is remanded with instructions to issue a nunc pro tunc entry, which clearly sets forth the sentence as 36 months as imposed at the sentencing hearing and which adds the consecutive sentence findings made at the sentencing hearing.
A deputy district attorney and two defense attorneys prepare for another high-profile case - this time involving Paul and Ruben Flores who are charged in connection with the 1996 disappearance and death of Cal Poly student Kristin Smart.
According to the firm's website, he graduated from UC Santa Barbara in 1970 and went on to get his Juris Doctorate at the UCLA School of Law in 1973. Paul Flores’s attorney is requesting to lower bail which is currently set at no bail.
Robert Sanger, Paul Flores's attorney, is well known for defending pop icon Michael Jackson in 2005 and securing a not guilty verdict in the child molestation case out of Santa Barbara County.
He tried many cases there, including the case of People v. Roberto Aguilar.
RE: BRADLEY J. BLEVINS FOUND GUILTY OF STATUTORY SODOMY IN THE FIRST DEGREE, ENTICEMENT OF A CHILD, ATTEMPTED ENTICEMENT OF A CHILD, AND SEXUAL MISCONDUCT INVOLVING A CHILD.
RE: CARL C. FERGUSON SENTENCED TO LIFE IN PRISON FOR STATUTORY RAPE IN THE FIRST DEGREE OF A CHILD LESS THAN TWELVE YEARS OF AGE
Contact: Prosecuting Attorney’s Office Sue Boresi, Senior Assistant Prosecuting Attorney 417-582-5198
Attorney Andrew J. Dollard has asked the Indiana Disciplinary Commission to investigate and ultimately disbar five prosecutors for their roles in what he calls one of the most corrupt, dishonest and unethical prosecutions in the history of the state.
Call IndyStar reporter Chris Sikich at (317) 444-6036. Follow him on Twitter: @ ChrisSikich and at Facebook/chris.sikich.
Hamilton Superior Court Judge Steve Nation in February 2015 dismissed the cases against Dollard and five staff members, ruling they were improperly charged and couldn't prepare a proper defense. Essentially, Nation said doctors, not staff, are legally responsible for the prescriptions they write.
Miksha, Overpeck and Kestian declined comment. Shipman and Byal did not respond to phone messages left Monday.
He said two undercover agents were dismissed from the program because they did not have Suboxone in their systems and clinic staff believed they were selling the medication.