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State v. Jones

Court of Appeals of Ohio, Third District, Logan

June 19, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
LUCAS GARTH JONES, DEFENDANT-APPELLANT.

         Appeal from Logan County Common Pleas Court Trial Court No. CR16-02-0061

          Peter K. DeSomma for Appellant

          Sarah J. Warren for Appellee

          OPINION

          PRESTON, P.J.

         {¶1} Defendant-appellant, Lucas Garth Jones ("Jones"), appeals the October 24, 2016 judgment entry of sentence of the Logan County Court of Common Pleas. We affirm.

         {¶2} This case stems from instances on January 9 and 10, 2016 when Jones presented fraudulent "payroll checks from Subway in Jackson Center, Ohio, " payable to Jones, at Winner's Market in Lakeview, Ohio. (Doc. No. 51). (See also Doc. No. 43). On May 24, 2016, Jones was convicted of forgery in violation of R.C. 2913.31(A)(3) in Auglaize County, Ohio for presenting a fraudulent payroll check payable to Jones from Subway in St. Marys, Ohio at Pantry Pride in St. Marys on February 5, 2016. (Doc. No. 52). Jones was not an employee of either Subway location. (Doc. Nos. 51, 52).

         {¶3} On March 8, 2016, the Logan County Grand Jury indicted Jones on two counts of forgery in violation of R.C. 2913.31(A)(3), fifth-degree felonies. (Doc. No. 4). On March 11, 2016, Jones appeared for arraignment and pled not guilty to the counts of the indictment. (Doc. No. 11).

         {¶4} On September 7, 2016, the State filed a motion in limine requesting permission to introduce evidence at trial under Evid.R. 404(B) that Jones was convicted of the same crime in Auglaize County on May 24, 2016. (Doc. No. 52). After a hearing that same day, the trial court granted the State's motion. (Sept. 7, 2016 Tr. at 14).

         {¶5} The case proceeded to a jury trial on September 8, 2016. (Doc. No. 86). On September 8, 2016, the jury found Jones guilty as to the counts of the indictment. (Doc. Nos. 56, 57). The trial court filed its judgement entry of conviction on September 12, 2016. (Doc. No. 60). On September 12, 2016, the trial court sentenced Jones to 10 months in prison on Count One and 10 months in prison on Count Two, and ordered that Jones serve the terms consecutively for an aggregate sentence of 20 months. (Doc. No. 65). The trial court further ordered that Jones's 20-month sentence in this case be served consecutively to his sentences in the Auglaize County case and a Shelby County, Ohio case. (Id.). The trial court filed its judgment entry of sentence on October 24, 2016. (Id.). The trial court filed a nunc pro tunc sentencing entry on October 31, 2016. (Doc. No. 74).

         {¶6} Jones filed a notice of appeal on November 22, 2016. (Doc. No. 78). He raises two assignments of error for our review, which we discuss together.

Assignment of Error No. II
The Court Erred, to the Prejudice of Defendant, in Admitting Other "Bad Acts" Evidence Under Evid. R. 404(B).
Assignment of Error No. I
The Court Erred, to the Prejudice of Defendant, in Admitting Evidence Rule 404(B) Material on Only One Day of ...

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