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. Kusmisz

Court of Appeals of Ohio, Fifth District, Ashland

May 3, 2018

STATE OF OHIO Plaintiff-Appellee
v.
DANIEL KUSMISZ, JR. Defendant-Appellant

          Appeal from the Ashland County Court of Common Pleas, Case No. 17-CRI-040

          FOR PLAINTIFF-APPELLEE: CHRISTOPHER R. TUNNELL, ASHLAND CO. PROSECUTOR, VICTOR R. PEREZ

          FOR DEFENDANT-APPELLANT: BRIAN A. SMITH

          Hon. W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Earle E. Wise, Jr., J. JUDGES.

          OPINION

          Delaney, J.

         {¶1} Appellant Daniel Kusmisz, Jr. appeals from the August 15, 2017 Judgment Entry-Sentencing of the Ashland County Court of Common Pleas. Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} The following facts are adduced in part from the pre-sentence investigation (P.S.I.) prepared upon order of the trial court and filed under seal for our review.

         {¶3} Appellant is 58 years old and confined to a wheelchair due to physical disabilities. Appellant has an adult criminal record dating to 1986 which includes felony convictions and prison terms, most recently in 2013, for convictions including aggravated drug trafficking.

         {¶4} In the instant case, appellant admittedly paid a woman to come to his house, undress, and wash his dishes. T.6. In exchange for allowing him to watch her wash dishes unclothed, appellant "shared his medication" with her, the medication being a fentanyl patch. The woman overdosed and appellant called 911.

         {¶5} Subsequent investigation led to appellant's charges in the instant case: Count I, aggravated drug trafficking (fentanyl) pursuant to R.C. 2925.03(A)(1), a felony of the third degree, and Count II, tampering with evidence pursuant to R.C. 2921.12(A)(1), also a felony of the third degree.

         {¶6} Appellant agreed to enter a plea of guilty to Count I in exchange for appellee dismissing Count II. The trial court ordered preparation of the P.S.I. and appellant returned for sentencing on August 14, 2017. On the record at the sentencing hearing, the trial court noted appellant's criminal history; the organized criminal activity involved in the exchange between appellant and the woman; and appellant's lack of remorse. The trial court observed that appellant's most recent prison term in 2013 was imposed for drug trafficking offenses.

         {¶7} The trial court sentenced appellant to a prison term of 24 months. Appellant now appeals from the trial court's ...


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.