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State v. Williams

Court of Appeals of Ohio, Fifth District

August 1, 2007

STATE OF OHIO Plaintiff-Appellee
v.
NORMA WILLIAMS Defendant-Appellant

Criminal Appeal from the Municipal Court, Case Nos. CRB 0600368 A-C and CRB 0600541 A-C

For Plaintiff-Appellee ROBERT A. SKELTON COSHOCTON POLICE PROSECUTOR

For Defendant-Appellant JEFFREY G. KELLOG COSHOCTON PUBLIC DEFENDER

Hon. W. Scott Gwin, P. J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

OPINION

Wise, J.

{¶1} Appellant Norma Williams appeals her convictions and sentences entered in the Coshocton County Municipal Court on six counts of failure to confine a vicious dog in violation of R.C. §955.22(D)(1).

{¶2} Appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶3} The relevant facts leading to this appeal are as follows.

{¶4} On June 26, 2006, Appellant Norma Williams was the owner/keeper of three pit bulls who escaped from her possession. On said date, Appellant was attempting to load the dogs in her vehicle when they escaped. After receiving complaints from neighbors the County Dog Warden met with Appellant on June 30, 2006, wherein she admitted that the dogs had gotten away from her. The dogs were alleged to be pit bulls by the dog warden and State of Ohio. The dogs were not muzzled, insured or properly confined as required by R.C. §955.22. As a result, Appellant was charged with three counts of failing to properly confine a vicious dog.

{¶5} On July 10, 2006, Appellant made her initial appearance in Coshocton Municipal Court on three counts of failure to confine a vicious dog in violation of R.C. §955.22 (D) (1) in Case No. CRB 0600368 (A)(B)(C).

{¶6} On August 16, 2006, Appellant filed a Motion to Dismiss arguing that R.C. §955.22 is unconstitutional.

{¶7} On September 7, 2006, members of the Coshocton County Sheriff's Dept. were called to 121 South Maple Street in West Lafayette, Ohio to investigate a death. During the investigation a commotion occurred involving various onlookers and family members. Appellant's dogs, which had been confined to her back yard, escaped from said yard. The dogs were alleged to be pit bulls, one of which was eventually shot and killed by law enforcement officers. Appellant was again charged with three counts of failing to confine vicious dogs in violation of R.C. §955.22(D)(1).

{¶8} On September 18, 2006, Appellant made her initial appearance in Coshocton Municipal Court on three new counts of failure to confine a vicious dog in violation of R.C. ยง955.22 ...


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