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 v. Boles

Court of Appeals of Ohio, Second District

August 2, 2013

STATE OF OHIO Plaintiff-Appellee
v.
SHAWN R. BOLES Defendant-Appellant

Criminal appeal from Common Pleas Court, T.C. NO. 00CR1576

R. LYNN NOTHSTINE, Atty. Reg. No. 0061560, Assistant Prosecuting Attorney, Attorney for Plaintiff-Appellee

SHAWN R. BOLES, #A410-417, Defendant-Appellant

OPINION

DONOVAN, J.

{¶ 1} This matter is before the Court on the Notice of Appeal of Shawn R. Boles, filed December 13, 2012. Boles appeals from the trial court's "Entry Overruling Motion for Jail Time Credit, " and "Entry Overruling Petition to Contest Classification, Registration, and Notification Requirement and Re-instating Sexually Oriented Offender Classification, " both of which were issued on November 15, 2012 . We hereby affirm the judgments of the trial court.

{¶ 2} This Court has previously set forth the procedural history herein in State v. Boles, 187 Ohio App.3d 345, 2010-Ohio-278, 932 N.E.2d 345 (2d Dist), ¶ 8-12, as follows:

Boles was originally charged in 2000 with one count of improperly discharging a firearm at or into a habitation, with a firearm specification; one count of having weapons while under a disability; one count of tampering with evidence, with a firearm specification; one count of rape by force of a child under the age of 13; two counts of gross sexual imposition of a child under the age of 13; and two counts of felonious assault, with firearm specifications.
In 2001, Boles pleaded no contest to one count of discharging a firearm into a habitation, with a firearm specification, and one count of rape of a child under the age of 13 (without a force specification). He was found guilty and was sentenced accordingly. We reversed those convictions on appeal. State v. Boles, Montgomery App. No. 18762, 2003 WL 21213383, 2003-Ohio-2693.
On remand, the trial court initially overruled Boles's motion to sever the rape count from the count of improper discharge of a firearm but decided to reverse itself and sever the counts when it learned, on the day set for trial, that genetic testing relating to the rape charge had not been completed. Boles was convicted, following a jury trial, of the count of improper discharge of a firearm into a habitation, and he was sentenced to seven years' imprisonment for that offense. We affirmed that conviction and sentence. State v. Boles, Montgomery App. No. 20730, 2005-Ohio-4490, 2005 WL 2077782.
Boles was later tried on the rape charge, but that trial ended in a hung jury.
In October 2008, Boles was again tried, to a jury, on the rape charge (without a force specification, because the state agreed with Boles that the force specification was unavailable as a result of the earlier appellate disposition). Boles chose to represent himself at this trial, but standby counsel was present at counsel table to assist Boles if the need to do so should arise. That trial ended in a conviction and a ten-year sentence, to be served consecutively to the previously imposed seven-year sentence for improper discharge of a firearm.

Boles was designated a Tier III sex offender pursuant to the Adam Walsh Act, and this Court affirmed his conviction on January 29, 2010. We note that the victim herein was Boles' daughter.

{¶ 3} On February 10, 2012, Boles filed his "Motion for Jail Time Credit, " in which he asserted that he was entitled to "all Jail Time Credit from the time of his arrest on May 24, 2000, pursuant to R.C. 2967.191, " as well as his "Petition to Invalidate the Classification, Registration, and Notification Requirements of Ohio Revised Code, Chapter 2950, under the AWA and Megan's Law." In overruling his motion regarding jail time credit, the trial court indicated as follows: "The Division of Court Services has reviewed the matter and issued a Jail Time Credit Report, which was filed in this Case on November 5, 2012. It was determined that the correct number of days of jail time credit have already been given to Defendant Shawn R. Boles." The court indicated that it reviewed the Jail Time Credit report and adopted it in its entirety. The report, which we note is consistent with the warrant to convey issued on October 28, 2008, provides that Boles was in custody for 533 days.

{¶ 4} In overruling Boles' motion regarding his classification pursuant to his conviction for rape, the trial court determined that "it is appropriate for the Defendant to be classified under S.B. 5, which was in effect when the Defendant committed the rape for which he was convicted herein." The court further noted that it "RE-INSTATES the classification of sexually ...


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.