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State v. A.L.M.

Court of Appeals of Ohio, Tenth District

May 11, 2017

State of Ohio, Plaintiff-Appellant,
v.
[A.L.M.], Defendant-Appellee.

         APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 16EP-611

          On brief: Ron O'Brien, Prosecuting Attorney, and Valerie B. Swanson, for appellant.

          Argued: Valerie B. Swanson.

          DECISION

          SADLER, J.

         {¶ 1} Plaintiff-appellant, State of Ohio, appeals from a judgment of the Franklin County Court of Common Pleas in favor of defendant-appellee, A.L.M., sealing the record of his conviction in case No. 14CR-1392. For the reasons that follow, we reverse.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On December 6, 2004, appellee was convicted in case No. 2004CRB-012084 of criminal damaging or endangering, in violation of R.C. 2909.06, a misdemeanor of the first degree, and menacing, in violation of R.C. 2903.22, a misdemeanor of the fourth degree. Appellee committed the crimes on February 13, 2004. A charge of disorderly conduct in that case was dismissed.

         {¶ 3} On September 12, 2005, appellee was convicted in case No. 2005CRB-015845 of negligent assault, in violation of R.C. 2903.14, a misdemeanor of the third degree. The criminal conduct occurred on July 4, 2005. The original charge of assault was amended to negligent assault by agreement.

         {¶ 4} On September 12, 2005, appellee was convicted in case No. 2005CRB-019990 of violating a protection order, in violation of R.C. 2919.27, a misdemeanor of the first degree. The criminal conduct occurred on August 13, 2005. Appellee was subsequently convicted in case No. 2011CRB-015984 on July 27, 2011 of illegal use or possession of drug paraphernalia, in violation of R.C. 2925.14, a misdemeanor of the fourth degree. The criminal conduct occurred on July 17, 2011.

         {¶ 5} Finally, on July 9, 2014, appellee was convicted in case No. 14CR-1392 of attempted improper handling of a firearm in a motor vehicle, in violation of R.C. 2923.02 as it relates to R.C. 2923.16, a misdemeanor of the first degree. The trial court sentenced appellee to two days in jail but suspended the jail sentence.

         {¶ 6} On August 17, 2016, appellee filed an application, pursuant to R.C. 2953.32, for an order sealing the record of his conviction in case No. 14CR-1392. Appellant filed its objection to the application on August 25, 2016, arguing that appellee did not qualify as an eligible offender under the statutory law. On October 14, 2016, the trial court granted the application.

         {¶ 7} Appellant filed a timely notice of appeal to this court from the trial court judgment.

         II. ASSIGNMENTS OF ERROR

         {¶ 8} Appellant presents the following two ...


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