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State v. Wood

Court of Appeals of Ohio, Fifth District

July 23, 2013

STATE OF OHIO Plaintiff-Appellant
v.
LONNIE WOOD Defendant-Appellee

Appeal from the Perry County Court of Common Pleas, Case No. CRB1200169

For Plaintiff-Appellant MICHAEL DEWINE ATTORNEY GENERAL MATTHEW J. DONAHUE SPECIAL PROSECUTING ATTORNEY

For Defendant-Appellee ROBERT G. MCCLELLAND

Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

OPINION

Delaney, J.

{¶1} Plaintiff-Appellant State of Ohio appeals the April 11, 2012 sentencing entry of the Perry County Court of Common Pleas. Defendant-Appellee is Lonnie Wood.

FACTS AND PROCEDURAL HISTORY

{¶2} The underlying facts are unnecessary for disposition of this appeal.

{¶3} On April 4, 2012, the trial court took a no contest plea from Defendant-Appellee Lonnie Wood for restraining and assaulting a female Perry County employee in a county office while Wood was a Perry County Commissioner. A visiting judge and special prosecutor were appointed to the matter. The trial court found Wood guilty of Assault, a first degree misdemeanor in violation of R.C. 2903.13(A), and Unlawful Restraint, a third degree misdemeanor in violation of R.C. 2905.03.

{¶4} The State and Wood reached a plea agreement, but there was no agreed sentence recommendation by the parties as to confinement, fines, or community service. The trial court stated in open court:

On the assault charge, the fine will be a thousand dollars and costs, sixty days in jail. On the unlawful restraint, the fine will be two hundred and fifty dollars and costs, and thirty days in jail. I am going to suspend fifty of the days on the assault and twenty of the days on the unlawful restraint and those two jail sentences will run concurrent with each other. I'm going to order that you served one hundred hours of community service within the next ninety days and I'm going to Order [sic] that you be placed on probation for a term of two years and as a part of that probation there will be some sort of assessment done um, by an agency that will be determined, if they believe that further counseling is necessary, you are to undergo and complete that counseling successfully if after an assessment that is not determined necessary than obviously that won't have to be followed. Also, obviously the portion of the agreement that you signed will all be in effect. You are not to hold public office for ten years, you are to resign and apparently have resigned your seat as County Commissioner.

(Sentencing Hearing Transcript, p. 11).

{¶5} The parties questioned at the sentencing hearing when Wood was to report to jail:

MCCELLAND: Yes your honor. I would ask the Court to set a report to jail date, sometime in the future so Mr. Wood can get his affairs in ...

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