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State v. Williams

Court of Appeals of Ohio, Fifth District

August 5, 2013

STATE OF OHIO, Plaintiff-Appellee
v.
AGATHA WILLIAMS, Defendant-Appellant

Appeal from the Stark County Court of Common Pleas, Case No. 2012CR0164.

For Plaintiff-Appellee JOHN D. FERRERO, PROSECUTING ATTORNEY, STARK COUNTY, OHIO By: RONALD MARK CALDWELL Assistant Prosecuting Attorney Appellate Section.

For Defendant-Appellant BENJAMIN A. TRACY TODD A. LONG JAMES D. OWEN The Owen Firm, LLC.

Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Patricia A. Delaney, J.

OPINION

HOFFMAN, J.

{¶1} Defendant-appellant Agatha Williams appeals the October 15, 2012 Judgment Entry entered by the Stark County Court of Common Pleas. Plaintiff-appellee is the state of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} Appellant Agatha Williams was admitted to the practice of law in Ohio in 1991. She practiced law for approximately twenty years.

{¶3} On February 10, 2012, Appellant entered a plea of guilty to four counts of grand theft, one count of theft and one count of forgery. The trial court sentenced Appellant to five years of community control, one year of which was to be intensive supervision probation. Appellant was fined $27, 500.00 and ordered to pay restitution to each of her clients for the amounts stolen. Appellant was informed at sentencing a violation of her community control sanction would result in a maximum consecutive prison sentence being imposed on each offense for a total prison term of 102 months.

{¶4} On September 27, 2012, the Ohio Supreme Court Board of Commissioners on Grievances and Discipline held proceedings to determine whether Appellant should be permanently disbarred. Counsel for Relator called Appellant on cross examination, inquiring as to when Appellant had last left the State of Ohio. Appellant responded approximately a week prior to the hearing she had gone to Pittsburgh, Pennsylvania to gamble. Appellant's conduct in leaving the state to gamble violated the terms and conditions of her probation.

{¶5} Based upon Appellant's testimony before the Board of Commissioners on Grievances and Discipline, the state filed a motion to revoke Appellant's probation. Appellant's counsel filed a motion in limine to suppress the testimony given at the disciplinary hearing. On September 26, 2012, the trial court held a hearing on the motion. Via Judgment Entry of September 27, 2012, the trial court denied the motion.

{¶6} Via Judgment Entry of October 15, 2012, the trial court revoked Appellant's probation and sentenced her to consecutive prison terms for a total of 102 months in prison.

{¶7} Appellant now appeals, assigning as error:

{¶8} "I. THE TRIAL COURT ERRED WHEN IT SENTENCED WILLIAMS TO CONSECUTIVE TERMS OF IMPRISONMENT WITHOUT FIRST MAKING THE REQUIRED FINDINGS SET FORTH IN OHIO ...


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