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State v. Jacobs

Court of Appeals of Ohio, Ninth District

September 4, 2013

STATE OF OHIO Appellee
v.
LAURA M. JACOBS Appellant

APPEAL FROM JUDGMENT ENTERED IN THE STOW MUNICIPAL COURT COUNTY OF SUMMIT, OHIO CASE No. 2011 TRD 5575

DONALD GALLICK, Attorney at Law, for Appellant.

BRIAN REALI, Law Director, and AMBER K. ZIBRITOSKY, Deputy Law Director, for Appellee.

DECISION AND JOURNAL ENTRY

CARR, Judge.

(¶1} Appellant, Laura Jacobs, appeals the judgment of the Stow Municipal Court. This Court affirms.

I.

(¶2} On June 21, 2011, the Stow police cited Laura Jacobs with one count of improperly approaching a stationary public safety vehicle in violation of R.C. 4511.213. Jacobs initially pleaded not guilty to the charge. On July 5, 2011, Jacobs filed a motion to dismiss the charge based on the unconstitutionality of R.C. 4511.213. The State promptly responded, and Jacobs replied thereto. On August 31, 2011, a magistrate's decision was journalized that denied Jacobs' motion to dismiss. On September 12, 2011, Jacobs filed objections to the magistrate's decision. On September 21, 2011, the trial court issued an order independently addressing the issues raised in the motion and denying it. Jacobs subsequently entered a plea of no contest and was found guilty. A fine of $50 and court costs were imposed, and the sentence was stayed pending an appeal.

(¶3} While Jacobs filed a notice of appeal, this Court issued a journal entry dismissing the appeal on May 22, 2012, on the basis that the sentencing entry terminating the action was signed by a magistrate, not a judge. On June 28, 2012, the trial court issued a separate sentencing entry signed by the trial judge. Jacobs filed a timely notice of appeal.

(¶4} On appeal, Jacobs raises three assignment of error.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED BY FAILING TO SUSTAIN APPELLANT'S OBJECTION ASSERTING THAT THE ENTIRE STATUTE OF [R.C.] 4511.213 IS AT ISSUE, IN LIEU OF A SPECIFIC SUBSECTION LISTED ON THE CITATION.

(¶5} In her first assignment of error, Jacobs argues that the trial court erred by failing to sustain her objection to the magistrate's decision which did not address the constitutionality of R.C. ...


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