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State v. Queer

Court of Appeals of Ohio, Fifth District

August 19, 2013

STATE OF OHIO Plaintiff-Appellee
v.
SAMUEL J. QUEER Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. 12-CRI-046

For Plaintiff-Appellee RAMONA FRANCESCONI ROGERS PROSECUTING ATTORNEY, MARISSA M. PAPPAS ASSISTANT PROSECUTOR

For Defendant-Appellant MATTHEW J. MALONE

Hon. W. Scott Gwin, P. J., Hon. Sheila G. Farmer, J., Hon. John W. Wise, J.

OPINION

Wise, J.

(¶1} Appellant Samuel J. Queer appeals his sentences in the Court of Common Pleas, Ashland County, for attempted robbery and theft. Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.

(¶2} According to the allegations in the record, on April 24, 2012, appellant and an accomplice took a taxi to a Wal-Mart store in Ashland, Ohio and exited without paying the driver. The couple then went into the store and took merchandise without paying. Later that day, appellant went to a Moto Mart store and ordered the cashier to empty the register, claiming he had a gun in his pocket. He also pushed a woman during his flight from the scene.

(¶3} On April 27, 2012, appellant was indicted by the Ashland County Grand Jury on one count of robbery (R.C. 2911.02(A)(2) - a felony of the second degree), one count of robbery (R.C. 2911.02(A)(3) - a felony of the third degree), and three counts of petty theft (R.C. 2913.02(A)(1) - misdemeanors of the first degree).

(¶4} Appellant appeared for arraignment on April 30, 2012, and entered pleas of not guilty to all five counts. In August 2012, prior to trial, appellant and the State reached a plea agreement. Essentially, appellant agreed to enter guilty pleas to two counts of attempted robbery (one count a felony of the third degree and the other count a felony of the fourth degree) and the three counts of petty theft.

(¶5} After holding a sentencing hearing and obtaining a presentence investigation, the trial court sentenced appellant as follows:

(¶6} Count I, attempted robbery, in violation of R.C. 2923.02(A) and R.C. 2911.02(A)(2), a felony of the third degree, fifty-four months in prison and a fine of $1, 000.00;

(¶7} Count II, attempted robbery, in violation of R.C. 2923.02(A) and R.C. 2911.02(A)(3), a felony of the fourth degree, fifteen months in prison, to be served consecutively, and a fine of $500.00;

(¶8} Count III, petty theft, in violation of R.C. 2913.02(A)(1), a misdemeanor of the first degree, one hundred eighty days in prison, to be served concurrently, and a fine of $100.00;

(¶9} Count IV, petty theft, in violation of R.C. 2913.02(A)(1), a misdemeanor of the first degree, one hundred eighty days in prison, to be served ...


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