Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No.
Plaintiff-Appellee: HAWKEN FLANAGAN Licking Co.
Defendant-Appellant: ANDREW SANDERSON Burkett & Sanderson
William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon.
Craig R. Baldwin, J.
Appellant Kevin J. Korbel appeals from the judgment entry of
his conviction upon one count of telecommunications
harassment in the Licking County Court of Common Pleas.
Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
The following is adduced from appellee's bill of
particulars filed June 7, 2017.
Conviction, Same Victim
On May 1, 2017, appellant was convicted of telecommunications
harassment following a bench trial in Licking County
Municipal Court, Case No. 17-CRB-145. The victim of the
offense in that case is Jane Doe. Appellant was sentenced to
180 days in the Licking County Justice Center with 170 days
suspended. Appellant was remanded to the custody of the
Licking County Sheriff's Office to serve his jail time.
Calls the Same Victim, Again, from Jail
On May 4, 2017, while incarcerated at the Licking County
Jail, appellant called his brother-in-law, Cory Jewell, and
asked Jewell to initiate a conference call bringing Doe into
the conversation. Doe did not answer the call, but appellant
and Jewell could be heard talking on Doe's voice mail. A
recording of the subject call was retrieved from the Licking
County Jail, confirming that appellant asked Jewell to
initiate a conference call to Doe.
Appellant was charged by indictment with one count of
telecommunications harassment, a felony of the fifth degree,
pursuant to R.C. 2917.21(A)(5)(C)(2). On July 3, 2017,
appellant filed a written Motion for Change of Pleas and
Continuance, moving the trial court to withdrawn his
previously-entered plea of not guilty, to enter a plea of
guilty, and for the trial court to order a pre-sentence
investigation (P.S.I.) prior to sentencing.
On August 14, 2017, appellant appeared before the trial
court, entered his guilty plea, and the trial court found him
guilty as charged. The trial court sentenced appellant to a
3-year term of community control. The community-control
sentence included a term of 90 days in the Licking County
Appellant now appeals from the judgment entries of his