Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, case no. 17 CR
Plaintiff-Appellee: WILLIAM C. HAYES LICKING CO. PROSECUTOR
PAULA M. SAWYERS
Defendant-Appellant: ROBERT C. BANNERMAN
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. Earle E. Wise, Jr., J.
Appellant Jose A. Ybarra appeals from the April 20, 2017
Judgment Entry of the Licking County Court of Common Pleas.
Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
Jane Doe is appellant's ex-wife; the two were married
from 1995 to 2013. At one time appellant and Doe lived
together in a trailer park in Heath, Ohio; now Doe lives
there without appellant. Doe has lived in the trailer park
since 1995. She lives near the rear of the complex, on a
dead-end street. Residents do not have assigned parking spots
and share a common parking area in front of their trailers.
On October 15, 2013, Doe obtained a civil protection order
(C.P.O.) against appellant which is valid through October 9,
2018. Appellant was convicted of violating the C.P.O. in 2014
and 2015. The C.P.O. states appellant shall not be within 500
feet of Doe. Specifically, the C.P.O. states:
* * * *.
5. [Appellant] shall not enter or interfere with the
residence, school, business, place of employment * * * of
[Jane Doe], including the building, grounds, and parking lots
at those locations. [Appellant] may not violate this Order
even with the permission of a protected
person. [NCIC 04] (Emphasis in original).
6. [Appellant] shall stay away from [Jane Doe] and all other
protected persons named in this Order and not be present
within 500 feet * * *of any protected persons wherever those
protected persons may be found, or any place [appellant]
knows or should know the protected persons are likely to be,
even with [Jane Doe's] permission. If
[appellant] accidentally comes in contact with protected
persons in any public or private place, [appellant] must
depart immediately. This Order includes encounters
on public and private roads, highways, and thoroughfares.
[NCIC 04] (Emphasis and italics in original).
* * * *.
Appellee's Exhibit 4.
Jane Doe is employed but does not work a regular schedule;
her work hours depend upon when her employer needs her. She
is not usually home around 3:00 p.m., but sometimes she is.
Jeffrey Wilson is Doe's longtime neighbor. Wilson and his
wife live in a trailer "catercorner" to Doe's
(T. 83). Wilson has known both Doe and appellant for around
On February 4th, 2017, around 3:00 p.m., Wilson left his own
trailer, in his car, to take trash to the dumpsters and to
check his mailbox. Wilson dropped off his trash, turned
around, and observed a dark green older car driving through
the complex. As the car passed him, Wilson clearly recognized
appellant as the driver. Wilson proceeded to the mailbox and
picked up his mail, then turned around and went back toward
the trailers because he wanted to see where appellant went,
knowing appellant and Doe "[have] had problems" (T.
Wilson again observed appellant driving the dark green car,
now coming out of the dead-end street upon which Wilson and
Doe both live. From the spot where Wilson observed appellant,
Doe's trailer is visible. Wilson returned to his own home
and asked his ...