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State v. Calicoat

Court of Appeals of Ohio, Second District, Montgomery

January 6, 2017

STATE OF OHIO Plaintiff-Appellee
v.
KEITH B. CALICOAT Defendant-Appellant

         Criminal appeal from Municipal Court T.C. NO. CRB1502509

          JOE CLOUD, Attorney for Plaintiff-Appellee

          KEITH B. CALICOAT, Defendant-Appellant

          OPINION

          DONOVAN, P.J.

         {¶ 1} This matter is before the Court on the pro se Notice of Appeal of Keith B. Calicoat, filed April 21, 2016. Calicoat appeals from the April 7, 2016 decision of the Vandalia Municipal Court overruling Calicoat's objection to the Magistrate's decision finding Calicoat guilty of violating §1280.06(2) of the Codified Ordinances of the City of Vandalia, which prohibits the parking of commercial vehicles in residential districts. We hereby affirm the judgment of the municipal court.

         {¶ 2} Calicoat was charged by way of Complaint on November 18, 2015. The Complaint provides: "Owner failed to remove over-height commercial vehicle in a residential district, violating City Code Section 1280.06(a)." The matter was set for trial on December 29, 2015, and it was continued on Calicoat's motion. Calicoat signed a "Waiver of Time" on December 28, 2015. Trial was re-scheduled for January 28, 2016.

         {¶ 3} On January 25, 2016, Calicoat filed a "Countersuit, " which provides that "City Code Section 1280.06 is onerous, over-restrictive and is not in the best interest of the neighborhood."

         {¶ 4} On January 29, 2016, the court issued an "Order and Entry" that provides that at "the conclusion of the testimony, this Court provided Defendant with ten (10) days to file a Brief in support of his position, including proposed findings of fact. The State has ten (10) days from the date of filing of Defendant's brief to file a response on behalf of the Plaintiff."

         {¶ 5} On March 7, 2016 the "Magistrate's Decision" was issued. The Magistrate noted that Calicoat did not file a post-trial brief. The decision provides in part, "Any request for transcript shall be filed in writing with the objections and pursuant to Local Rule 9.01[1]* * * The objections shall state that a transcript of the proceedings has been ordered."

         {¶ 6} The decision further provides as follows:

It is the determination of the Court that the Plaintiff has sustained its burden of proof in this matter that Defendant violated § 1280.06(2) of the Codified Ordinances of the City of Vandalia, Ohio beyond a reasonable doubt. It is the further determinate [sic] of the Court that Defendant be fined $150.00 with $100.00 of that fine stayed on the condition that the Defendant have no further convictions under §1280.06(a) for a period of two (2) years, plus costs.

         {¶ 7} On March 21, 2016, Calicoat filed an "Appeal Magistrate's Decision." Therein he asserted that "the Plaintiff did not sustain its burden of proof in this matter." The "Appeal" provides that Calicoat "objects to the conclusion of law in this matter that the Defendant was not parking a commercial vehicle in a residential area in violation of § 1280.06(2)." (sic).

         {¶ 8} On April 1, 2016, the State responded to Calicoat's "Appeal" as follows:

At trial, the State presented two witnesses from the City of Vandalia. Kip Millikin testified that the truck exceeded the requirements of the Ordinance for parking in a residential area, in that it measures 9.5 feet tall. Both City employees testified that they personally witnessed the defendant's truck parked in his driveway at 266 Skyview Drive on multiple occasions, in violation of Section 1280.06 of the Ordinances of the City of Vandalia. The State offered pictures of the multiple violations ...

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