Court of Appeals of Ohio, Fifth District, Licking
from the Municipal Court, Case No. 15CRB00319
Plaintiff-Appellee J. Michael King
Defendant-Appellant BRIAN J. FARMER, Pro Se
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. Earle E. Wise, Jr., J.
1} Defendant-Appellant, Brian Farmer, appeals the October 27,
2016 judgment entry of the Municipal Court of Licking County,
Ohio, denying his motion for injunctive relief.
Plaintiff-Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
2} On June 8, 2015, following a jury trial, appellant was
found guilty of menacing by stalking in violation of R.C.
2903.211. By journal entry filed same date, the trial court
sentenced appellant to one hundred eighty days in jail,
ninety days suspended, and imposed three years of probation
as directed by the probation officer. Appellant was ordered
to abide by a civil protection order issued by the Court of
Common Pleas, and have no contact with the victim and any of
the witnesses and jurors. Appellant's conviction and
sentence were affirmed on appeal. State v. Farmer,
Licking No. 15 CA 0044, 2015-Ohio-5434.
3} On October 25, 2016, appellant filed a motion for
injunctive relief, seeking to bar the probation department
from imposing certain probationary restrictions. By judgment
entry filed October 27, 2016, the trial court converted the
motion for injunctive relief to a motion to modify probation
conditions, and denied the motion.
4} Appellant filed an appeal and this matter is now before
this court for consideration. Assignments of error are as
5} "WHETHER THE TRIAL COURT ERRED BY NOT ENTERING
GRANTING AN INJUNCTION BARRING THE ADULT PROBATION FROM
IMPOSING RESTRICTIONS NOT AUTHORIZED BY LAW AND WHICH
DON'T MEET THE JONES TEST."
6} "WHETHER THE TRIAL COURT ABUSED ITS DISCRETION BY
ALLOWING IMPROPER ...