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State v. Cremeans

Court of Appeals of Ohio, Fifth District, Perry

June 19, 2017

STATE OF OHIO Plaintiff - Appellee
v.
TYLER CREMEANS Defendant-Appellant

         Appeal from the Perry County Court, Case No. TRC 1600150

          For Plaintiff-Appellee NANCY NASH RIDENOUR Assistant Prosecuting Attorney.

          For Defendant-Appellant DENNIS P. EVANS.

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Willam B. Hoffman, J. Hon. Craig R. Baldwin, J.

          OPINION

          BALDWIN, J.

         {¶1} Defendant-appellant Tyler Cremeans appeals from the July 18, 2016 Judgment Entry of the Perry County Court. Plaintiff-appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On January 24, 2016, appellant was arrested and charged with driving under the influence of alcohol/drugs (OVI) in violation of R.C. 4511.19(A)(1)(a) and (A)(2) and driving left of center in violation of R.C. 4511.25. On the night of his arrest, appellant was issued a uniform traffic ticket and a copy of BMV form 2255. The ticket indicated that appellant had two prior OVIs.

         {¶3} On or about January 28, 2016, the Ohio Department of Public Safety sent a letter to the Perry County Municipal Court stating that it was seeking forfeiture of appellant's vehicle since it was this third OVI offense within six years. At his arraignment on January 28, 2016, appellant entered a plea of not guilty to the charges.

         {¶4} Thereafter, on May 31, 2016, appellant withdrew his former not guilty plea and entered a plea of guilty to driving under the influence in violation of R.C. 4511.19(A)(2). As memorialized in a Judgment Entry filed on July 18, 2016, appellant was ordered to serve 250 days in jail and fined $1, 000.00. The trial court, however, suspended 180 days and ordered that appellant serve 55 days on house arrest. Appellant also was placed on intensive probation for a period of two years under specified conditions and ordered to forfeit his vehicle. His driver's license also was suspended for a period of two years The remaining charges were dismissed.

         {¶5} Appellant now raises the following assignment of error on appeal:

          {¶6} THE TRIAL COURT ERRED IN FORFEITING THE DEFENDANT-APPELLANTS 2010 FORD FUSION, VIN NUMBER 3FAHPOHA8AR223745, BECAUSE NONE OF THE REQUIREMENTS OF ORC 4511.19, ORC 4511.195 AND ORC 4503.234 WERE COMPLIED WITH IN VIOLATION OF THE DEFENDANT-APPELLANTS RIGHTS UNDER THE FOURTEENTH AMENDMENTS RIGHT TO DUE PROCESS UNDER BOTH THE UNITED STATES CONSTITUTION AND OHIO CONSTITUTION AND ORC 4511.19, ORC 4511.195 AND ORC 4503.234.

         I

         {¶7} Appellant, in his sole assignment of error, argues that the trial court erred in ordering the forfeiture of his ...


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