Court of Appeals of Ohio, Eleventh District, Lake
Appeal from the Lake County Court of Common Pleas. Case No.
14 CR 000031.
Charles E. Coulson, Lake County Prosecutor, and Karen A.
Sheppert, Assistant Prosecutor, Lake County Administration
Building, (For Plaintiff-Appellee).
B. Staley, Barthol & Staley, L.P.A., (For
TIMOTHY P. CANNON, J.
Appellant, Joseph W. Rose, Jr., appeals from the June 1, 2016
agreed judgment entry of amended sentence, which was entered
by the Lake County Court of Common Pleas following this
court's remand order. For the following reasons, the
judgment of the trial court is affirmed.
On January 21, 2014, appellant was indicted on seven counts:
Count 1, receiving stolen property (a license plate), a
fifth-degree felony in violation of R.C. 2913.51(A); Count 2,
aggravated robbery, a first-degree felony in violation of
R.C. 2911.01(A)(1) with a repeat violent offender
specification; Count 3, robbery, a second-degree felony in
violation of R.C. 2911.02(A)(2), with a repeat violent
offender specification; Count 4, robbery, a third-degree
felony in violation of R.C. 2911.02(A)(3); Count 5, receiving
stolen property (a 1995 Plymouth Voyager minivan), a
fourth-degree felony in violation of R.C. 2913.51(A); Count
6, receiving stolen property (a 2000 Dodge Durango), a
fourth-degree felony in violation of R.C. 2913.51(A); and
Count 7, illegal use or possession of drug paraphernalia, a
fourth-degree misdemeanor in violation of R.C. 2925.14(C)(1).
Appellant pled not guilty to all charges. Count 7 was
dismissed at the request of the state prior to trial. The
remaining counts were tried before a jury.
The jury found appellant guilty of three counts of receiving
stolen property and one count of robbery. Appellant was found
not guilty of the remaining charges. He was sentenced to 12
months in prison on Count 1 (receiving a stolen license
plate); 36 months in prison on Count 4 (robbery); 18 months
in prison on Count 5 (receiving a stolen Plymouth minivan);
and 18 months in prison on Count 6 (receiving a stolen Dodge
Durango). The trial court ordered the sentences to be served
consecutive to each other for a total of 84 months in prison.
Appellant timely appealed the sentencing order. We reversed
the finding of guilt on Count 1, receiving stolen property
(license plate), due to trial counsel's failure to object
to inadmissible hearsay testimony that was presented in
violation of his constitutional right to confront the
witnesses against him. State v. Rose, 11th Dist.
Lake No. 2014-L-086, 2015-Ohio-2607, ¶11-30. The matter
was remanded for further proceedings with respect to Count 1.
Id. at ¶44. In all other respects, the trial
court's judgment was affirmed. Id.
On June 1, 2016, the trial court entered an "Agreed
Judgment Entry of Amended Sentence." The entry had been
prepared by the prosecuting attorney, at the direction of the
trial court, on May 31, 2016. The entry, states, in pertinent
The Lake County Prosecuting Attorney, Charles E. Coulson, by
and through Karen A. Sheppert, Assistant Prosecuting
Attorney, on behalf of the State of Ohio, has represented
that the State will not be pursuing prosecution of the
Defendant, Joseph W. Rose, Jr., on Count 1. The State and the
Defendant, represented by counsel, Vanessa R. Clapp,
Assistant Public Defender, agree that the Defendant's
judgment entry of sentence, filed July 31, 2014, will be
amended as follows.
entry deletes reference to the finding of guilt and sentence
on Count 1. The entry also provides, "[a]s to Counts 5
and 6, the Court further finds that the Defendant committed
the offenses as part of an organized criminal
activity[.]" This provision had previously included
Count 1 as part of the organized criminal activity.
The trial court recited the sentence on the remaining counts
without any other change from the court's original
sentencing entry. As a result, appellant remained sentenced
to 36 months in prison on Count 4, 18 months in prison on
Count 5, and 18 months in prison on Count 6, for a total of
Appellant filed a timely notice of appeal from this entry and
raised three ...