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State v. Ybarra

Court of Appeals of Ohio, Fifth District, Licking

December 18, 2017

STATE OF OHIO Plaintiff-Appellee
v.
JOSE A. YBARRA Defendant-Appellant

         Appeal from the Licking County Court of Common Pleas, case no. 17 CR 080

          For Plaintiff-Appellee: WILLIAM C. HAYES LICKING CO. PROSECUTOR PAULA M. SAWYERS

          For Defendant-Appellant: ROBERT C. BANNERMAN

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Delaney, P.J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} 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.

         {¶3} 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.

         {¶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.

         {¶5} 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 17 years.

         {¶6} 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. 92).

         {¶7} 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 ...


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