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The State of Ohio v. Byron E. Yambrisak

October 17, 2011

THE STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
BYRON E. YAMBRISAK, DEFENDANT-APPELLANT.



Criminal appeal from the Mansfield Municipal Court, Case No. 2009-CRB-4883

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

Cite as State v. Yambrisak,

JUDGES: : Hon. W. Scott Gwin, P.J. : Hon. Julie A. Edwards, J. : Hon. Patricia A. Delaney, J.

OPINION

CHARACTER OF PROCEEDING:

JUDGMENT:

DATE OF JUDGMENT ENTRY:

Reversed and Remanded

{¶1} Defendant-appellant Byron E. Yambrisak appeals from the March 29, 2011 Judgment Entry of the Mansfield Municipal Court finding him in contempt of court. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On December 5, 2009, appellant was charged with violating a protection order in State of Ohio v. Byron Yambrisak, Mansfield Municipal Court, Case No. 2009- CRB-4883. Due to the personally sensitive facts in this case, the parties consented to enter into mediation in an attempt to resolve this case without a criminal trial. This mediation took place on May 26, 2010, and a resolution for this mediation was discussed June 6, 2010.*fn1 By Judgment Entry filed October 6, 2010 the trial court set forth the agreement of the parties which included that the victim and appellant were to have no further contact, including "phone calls and internet postings."

{¶3} On September 28, 2010 the State filed a "Motion for Hearing to Show Cause" contending that appellant violated the May 26, 2010 order by posting blogs on the internet which refer to the victim and the above mentioned case.

{¶4} On March 3, 2011, a contempt hearing was held. The trial court permitted the State to call appellant as a witness during the State's case-in-chief. Appellant was the sole witness to testify at the show cause hearing. At the conclusion of the hearing, the trial court found appellant violated the order. The trial court then sentenced appellant to thirty days in the Richland County Jail starting immediately and after ten days the Court stated it would discuss with the appellant a mental health assessment and possible placement in the Mental Health Court program.

{ΒΆ5} It is from the trial court's March 3, 2011 Judgment Entry finding him in contempt of court that appellant has timely appealed raising ...


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