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 ...