Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of Ohio v. Jeffrey Ronald Fastnacht

October 25, 2011

STATE OF OHIO APPELLEE
v.
JEFFREY RONALD FASTNACHT APPELLANT



Trial Court No. CR0201001928

Per curiam.

Cite as State v. Fastnacht,

DECISION AND JUDGMENT

{¶1} Appellant, Jeffrey Fastnacht, has filed a motion to stay execution of sentence pursuant to App.R. 8(B), pending appeal of his convictions of felonious assault, a felony of the first degree, and failure to comply with the signal or order of a police officer, a felony of the third degree. Appellant is presently incarcerated in the Correctional Reception Center in Orient, Ohio pursuant to his sentence for the offenses. The trial

court sentenced appellant to serve prison terms of three years on the felonious assault conviction and one year on the conviction for failure to comply. The trial court ordered the sentences to be served consecutively.

{¶2} The requirements for a motion to stay execution of sentence pending appeal of a conviction are set forth in the local rules of this court. 6th Dist.Loc.App.R. 17 provides:

{¶3} "Rule 17 Bail and suspension of execution of sentence in criminal cases

{¶4} "When a party files an application for release on bail and suspension of execution of sentence pursuant to App.R. 8(B), a memorandum in support shall be filed with the application in this court. The party's memorandum shall contain, but is not limited to, the following information, which shall be supported by the papers, affidavits, and portions of the record referred to in App.R. 8(B): (1) confirmation that the motion for release on bail was denied by the trial court, (2) a statement of the offense for which the party was found guilty and the sentence imposed by the trial court, (3) a listing of the party's prior convictions, if any, and if there are none, a statement to that effect, (4) a listing of current charges pending against the party, and if there are none, a statement to that effect, (5) a statement as to whether the party is currently employed, the name of the party's employer and for how long the party has been employed, (6) a statement of the amount of bail the party is requesting and in what manner the bail will be secured, and

(7) a statement of defendant's family or other community ties. Failure to comply with this rule may result in the automatic denial of the application." 6th Dist.Loc.App.R. 17.

{¶5} Appellant failed to comply with requirements numbered (1), (3), (4), (5), (6) and (7) of the rule in his motion to stay execution of sentence pending appeal. Accordingly, we deny the motion. This ruling does not preclude appellant from refiling the motion in a manner that complies with the requirements of 6th Dist.Loc.App.R. 17. {¶6} It is so ordered.

MOTION DENIED.

Peter M. Handwork, J. JUDGE

Mark L. Pietrykowski, J. Thomas J. Osowik, P.J. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.