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State of Ohio v. Michael W. Jaros

September 30, 2011

STATE OF OHIO
APPELLEE
v.
MICHAEL W. JAROS
APPELLANT



Trial Court No. CR0200902293

The opinion of the court was delivered by: Osowik, P.J.

Cite as State v. Jaros,

DECISION AND JUDGMENT

{¶1} This is an appeal from a judgment of the Lucas County Court of Common Pleas, which found appellant, Michael Jaros, guilty of one count of aggravated burglary, in violation of R.C. 2911.11(A)(2), a felony of the first degree, one count of kidnapping,

in violation of R.C. 2905.01(A)(4) and (C), a felony of the first degree, and one count of aggravated robbery, in violation of R.C. 2911.01(A)(1), a felony of the first degree.

{¶2} Appellant was ordered to serve three consecutive nine-year terms of imprisonment at the Ohio Department of Rehabilitation and Corrections, constituting a total term of incarceration of 27 years. A timely notice of appeal was filed. For the following reasons, the judgment of the trial court is affirmed.

{¶3} From that judgment, appellant sets forth the following three assignments of error:

{¶4} "1. THE TRIAL COURT ABUSED ITS DISCRETION IN ADMITTING APPELLANT'S OUT OF COURT STATEMENTS OVER OBJECTION.

{¶5} "2. THE TRIAL COURT ABUSED ITS DISCRETION BY NOT DECLARING A MISTRIAL FOR REFERENCES ABOUT APPELLANT'S CUSTODIAL STATUS.

{¶6} "3. APPELLANT'S CONVICTIONS WERE AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE."

{¶7} The following undisputed facts are relevant to this appeal. On June 17, 2009, the victim and her four-year-old son arrived at her home. The victim took her son upstairs to get ready for bed. Her husband, Michael Jaros, previously had a restraining order imposed upon him on behalf of the victim. Appellant broke into the victim's residence where he waited for her to return. After the victim and her son entered the son's bedroom, appellant entered into the bedroom and physically restrained the victim. The victim was restrained at knifepoint. Appellant demanded numerous sexual acts from the victim. The victim cooperated.

{¶8} After forcibly restraining the victim and taking sexual liberties with her for several hours, appellant stole her vehicle and fled the scene. A short time later, the victim discovered that appellant had left her cell phone on the front porch and she called the police. After the Toledo Police arrived and investigated the crime scene, they instructed the victim to go to a hospital in order for a rape kit to be performed.

{¶9} Subsequent to these events, appellant persisted in calling and sending text messages to the victim from appellant's own mobile phone. In fact, both the Oregon Police Department and F.B.I. agents traced multiple calls originating in Georgia, Tennessee, Kentucky, and Ohio placed from appellant to the victim. On June 21, 2009, the content of these messages were reviewed by the investigating police officers on the victim's cell phone.

{ΒΆ10} The messages were saved and emailed to the Oregon Police Department. The messages were printed out, verified, and maintained in a secured evidence area. Ultimately, appellant was apprehended in Vandalia, Ohio. Despite being in custody at the Montgomery County jail, appellant again persisted in contacting the victim. Appellant mailed ...


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