Court of Appeals of Ohio, Fifth District, Fairfield
JASON T. BODE Plaintiff-Appellant
FAIRFIELD COUNTY PROSECUTING ATTORNEY'S OFFICE Defendant-Appellee
from the Court of Common Pleas, Case No. 2016CV00678
Plaintiff-Appellant SCOTT P. WOOD
Defendant-Appellee JOSHUA S. HORACEK, DEBRA GORRELL-WEHRLE
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. William B.
Hoffman, J. Hon. Earle E. Wise, Jr., J.
1} Plaintiff-Appellant, Jason T. Bode, appeals the
April 12, 2017 entry of the Court of Common Pleas of
Fairfield County, Ohio, granting judgment on the pleadings to
Defendant-Appellee, Fairfield County Prosecuting
Attorney's Office, on his complaint for declaration of
AND PROCEDURAL HISTORY
2} On January 6, 2012, the Fairfield County Grand
Jury indicted appellant on five counts of operating a motor
vehicle while under the influence (OVI) in violation of R.C.
4511.19. Each count carried a specification pursuant to R.C.
2941.1413 alleging five OVI convictions within the twenty
years prior, elevating the counts to felonies in the fourth
degree. Four of the priors (1996-1999) were committed when
appellant was an adult and one (1992) was committed when he
was a juvenile.
3} On May 2, 2012, appellant pled no contest to two
of the counts with their attendant specifications (Count 3, a
violation of R.C. 4511.19(A)(1)(f) committed on May 28, 2011,
and Count 5, a violation of R.C. 4511.19(A)(1)(h) committed
on December 29, 2011). The remaining three counts and their
specifications were dismissed. By judgment entry filed June
26, 2012, the trial court indicated it found appellant
guilty, and sentenced him to seven and one-half years in
prison, four and one-half years suspended in lieu of
community control. Appellant was required to serve three
years of mandatory prison time.
4} Appellant filed an appeal, challenging in part
the use of his juvenile OVI. This court affirmed
appellant's convictions and sentence. State v.
Bode, 5th Dist. Fairfield No. 12-CA-33, 2013-Ohio-2134.
5} Appellant filed an appeal with the Supreme Court
of Ohio. The court found a prior juvenile adjudication cannot
be used "under R.C. 4511.19(G)(1)(d) to enhance the
penalty for a later offense when the adjudication carried the
possibility of confinement, the adjudication was uncounseled,
and there was no effective waiver of the right to
counsel." State v. Bode, 144 Ohio St.3d 155,
2015-Ohio-1519, syllabus. The court reversed this court's
judgment and remanded the matter to the trial court for
resentencing. At the time of the reversal, April 23, 2015,
appellant had already served almost three years in prison.
6} Upon remand, by entry filed June 17, 2015, the
trial court resentenced appellant on Counts 3 and 5 as
misdemeanors in the first degree, imposing an aggregate term
of three hundred sixty days in the county jail with credit
for time served.
7} On November 18, 2016, appellant filed a complaint
against appellee for a declaration of wrongful imprisonment
pursuant to R.C. 2743.48. On February 15, 2017, appellee
filed a motion for judgment on the pleadings, claiming
appellant did not meet the requirements under the statute. By
entry filed April 12, 2017, the trial court granted the
motion, finding the facts alleged in appellant's
complaint failed to satisfy R.C. 2743.48(A)(4).
8} Appellant filed an appeal and this matter is now
before this court for consideration. ...