Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Eckley

Court of Appeals of Ohio, Fifth District, Ashland

November 6, 2017

STATE OF OHIO Plaintiff-Appellee
v.
SHANNON ECKLEY Defendant-Appellant

         Appeal from the Ashland County Court of Common Pleas, Case No. 12-CRI-127

          For Plaintiff-Appellee CHRISTOPHER R. TUNNELL Ashland County Prosecuting Attorney By: VICTOR R. PEREZ Assistant Prosecuting Attorney.

          For Defendant-Appellant GRETCHEN A. HOLDERMAN Lillie & Holderman.

          For Amicus Curiae MAUREEN SHERIDAN KENNY.

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. John W. Wise, J.

          OPINION

          HOFFMAN, J.

         {¶1} Defendant-appellant Shannon Eckley appeals the judgment entered by the Ashland County Common Pleas Court overruling her motion to withdraw her guilty plea to two counts of child endangering (R.C. 2919.22(B)(2), (4)). Plaintiff-appellee is the state of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On or about October 25, 2012, Appellant was caught shoplifting candy at a local convenience store. Although police offered her a ride home, she refused, stating she would rather go to jail than return to the home where she resided with her roommates, Jessica Hunt and Jordie Callahan.

         {¶3} When police went to the home of Hunt and Callahan to investigate, Hunt and Callahan showed the police videos of Appellant beating her young daughter. On October 25, 2012, a complaint was filed in the Ashland County Common Pleas Court charging Appellant with two counts of child endangering, felonies of the third degree. On October 31, 2012, she entered a plea of not guilty. A bill of information was filed on December 7, 2012, stating as to Count One, Appellant repeatedly tied the child up and left her alone in a room for extended periods of time, in violation of R.C. 2919.22(B)(2). As to Count Two, the bill of information stated Appellant often and repeatedly struck the child in the face, in violation of R.C. 2919.22(B)(4).

         {¶4} Appellant entered a plea of guilty on December 17, 2012. A presentence investigation was ordered, and a sentencing hearing was conducted by the court on February 12, 2013. During the time between the guilty plea and the sentencing hearing, further investigation occurred into the conduct of Hunt and Callahan. At the sentencing hearing, counsel for Appellant stated:

Your Honor, this is a case unlike any that I have seen in the 30 years that I have been doing this type of work. It was about a week ago that Mr. Lange and the Prosecutor's office properly notified me that there was more to the facts of this case, that [sic] had been revealed to me, even by my own client, and it was late last week that I was served with Sergeant Baker's letters which the Court has in its possession, and that is when I really became aware of the magnitude of behaviors that occurred in that household. (Emphasis added.)
The first thought that I had was rather than a sentencing memorandum, is file a motion to withdraw the plea, and having discussed the matter with the State and also reviewing the mens rea requirement in this case, which is reckless, it was my thought that yes, in deed [sic], the State could prove the reckless state of mind required to commit this crime. Sent. Tr. 3-4.

         {¶5} ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.