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State v. Laudato

Court of Appeals of Ohio, Eleventh District, Geauga

February 26, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
PHILLIP M. LAUDATO, Defendant-Appellant.

         Criminal Appeal from the Geauga County Court of Common Pleas, Case Nos. 2016 C 000138, 2016 C 000181 and 2017 C 000030.

          James R. Flaiz, Geauga County Prosecutor, and Nicholas A. Burling, Assistant Prosecuting Attorney, (For Plaintiff-Appellee).

          Wesley C. Buchanan, Buchanan Law, Inc., (For Defendant-Appellant).

          OPINION

          DIANE V. GRENDELL, J.

         {¶1} Defendant-appellant, Phillip M. Laudato, appeals his conviction for Engaging in a Pattern of Corrupt Activity. The issue before this court is whether a conviction for Engaging in a Pattern of Corrupt Activity is valid where certain predicate offenses have been dismissed as part of a plea agreement. For the following reasons, we affirm the decision of the court below.

         {¶2} This consolidated appeal is taken from the following cases[1]: Geauga County Court of Common Pleas Case No. 16 C 000138

         {¶3} On August 16, 2016, Laudato was indicted for Safecracking, a felony of the fourth degree in violation of R.C. 2911.31(A), and Vandalism, a felony of the fifth degree in violation of R.C. 2909.05(B)(1)(b). Laudato ultimately pled guilty to Vandalism.

         {¶4} On July 17, 2017, Laudato received a prison term of ten months to be served concurrently with the sentence imposed in Case No. 16 C 000181.

         Geauga County Court of Common Pleas Case No. 16 C 000181

         {¶5} On October 11, 2016, Laudato was indicted for four counts of Grand Theft, felonies of the third degree in violation of R.C. 2913.02(A)(1) and (B)(4). Laudato ultimately pled guilty to a single count of the lesser included offense of Grand Theft, a felony of the fourth degree in violation of R.C. 2913.02(A)(1).

         {¶6} On July 17, 2017, Laudato received a prison term of twelve months to be served concurrently with the sentence imposed in Case No. 16 C 000138.

         Geauga County Court of Common Pleas Case No. 17 C 000030

         {¶7} On February 22, 2017, Laudato was indicted for Engaging in a Pattern of Corrupt Activity, a felony of the first degree in violation of R.C. 2923.32(A)(1); seven counts of Burglary, felonies of the second degree in violation of R.C. 2911.12(A)(2); three counts of Grand Theft, felonies of the third degree in violation of R.C. 2913.02(A)(1) and (B)(4); five counts of Petty Theft, misdemeanors of the first degree in violation of R.C. 2913.02(A)(1); two counts of Theft, felonies of the fifth degree in violation of R.C. 2913.02(A)(2); four counts of Breaking and Entering, felonies of the fifth degree in violation of R.C. 2911.13(A); and three counts of Safecracking, felonies of the fourth degree in violation of R.C. 2911.31(A).

         {¶8} On May 15, 2017, Laudato entered the ...


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