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. Amelia L. Bregitzer

December 3, 2012

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
AMELIA L. BREGITZER, DEFENDANT-APPELLANT.



Criminal Appeal from the Portage County Municipal Court, Ravenna Division, Case No. R2011 TRC 7799.

The opinion of the court was delivered by: Diane V. Grendell, J.

Cite as State v. Bregitzer,

OPINION

Judgment: Affirmed.

{¶1} Defendant-appellant, Amelia L. Bregitzer, appeals from the judgment of the Portage County Municipal Court, Ravenna Division, convicting her of Operating a Motor Vehicle While Under the Influence of Alcohol. The issues to be determined by this court are whether a defendant may pursue an ineffective assistance of counsel claim on appeal when she pled no contest to the charges, whether a trial court abuses its discretion in denying a motion to suppress as untimely when it is filed approximately eight months late, and whether a trial court errs in determining that a motion to suppress is withdrawn when counsel withdraws and the defendant does not appear on the date of the motion hearing. For the following reasons, we affirm the decision of the lower court.

{¶2} On June 9, 2011, Bregitzer was charged with Operating a Motor Vehicle While Under the Influence of Alcohol (OVI), a misdemeanor of the first degree, in violation of R.C. 4511.19(A)(1)(a) and 4511.19(A)(1)(d), as well as with two minor misdemeanor traffic violations.

{¶3} On August 24, 2011, Bregitzer, through counsel, filed a Motion to Suppress, asserting various grounds to suppress the results of her field sobriety test and the tests of her alcohol level, including whether the testing equipment was properly calibrated. This motion was set for a hearing on September 29, 2011. The motion was subsequently reset for hearing on November 21, 2011.

{¶4} On October 4, 2011, Bregitzer's counsel filed a Motion to Withdraw as counsel, due to irreconcilable differences, which was granted by the trial court on October 7, 2011.

{¶5} On November 29, 2011, a "Criminal Pre-Trial Report" was filed, signed by the prosecutor, but not by the defendant, defense counsel, or the court. It stated that the defendant "FTA," or failed to appear, and also stated "Mt W/drawn," apparently indicating that the Motion to Suppress was withdrawn. This report was dated November 21, 2011. The matter was then set for trial on December 22, 2011.

{¶6} Bregitzer requested a continuance of that trial date, which was granted. After the trial was reset for January 31, 2012, Bregitzer requested another continuance. In a January 26, 2012 Judgment Entry, the trial court found that Bregitzer "could have applied for [a] public defender at any time" during the months after her counsel withdrew, and denied the motion for a continuance. Bregitzer then applied for court appointed counsel, counsel was appointed, and a third trial date was set for March 21, 2012.

{¶7} Bregitzer's appointed counsel filed another Motion to Suppress on March 13, 2012, again asserting various grounds for suppression of evidence.

{¶8} On March 21, 2012, a Motion/Trial Hearing was held. At that hearing, the court noted that it thought the first Motion to Suppress, filed on August 24, 2011, had been "withdrawn by virtue of the fact that the defendant did not appear and there was no attorney to represent her at that time." The court noted that several continuances of the matter had been granted due to Bregitzer's requests. The court further stated that the second Motion to Suppress was "not timely filed," although it did not expressly state that the Motion was overruled or denied. Defense counsel stated that, pursuant to a conference with the prosecutor and the court, it was indicated that the Motion would be denied because it was untimely filed.

{¶9} Defense counsel stated that Bregitzer wanted to enter a plea of no contest. The trial court went over Bregitzer's rights that would be waived by entering the plea. During this review of the rights, Bregitzer asked several questions regarding the motions to suppress and inquired as to whether she could "re-file" the motions, to which the trial court responded negatively. The trial court stated that she could file an appeal of the court's denial of her motion to suppress with the appellate court. Bregitzer stated that she understood her rights and a written plea of no contest and wavier of rights was filed. Bregitzer's plea of no contest to OVI, a misdemeanor of the first degree, in violation of R.C. 4511.19(A)(1)(a), was accepted by the court.

{ΒΆ10} Bregitzer was sentenced to serve 90 days in jail, given credit for three days served in the driver intervention program, and the remaining 87 days of the sentence were suspended. She was ...


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.