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State v. Korbel

Court of Appeals of Ohio, Fifth District, Licking

May 14, 2018

STATE OF OHIO Plaintiff-Appellee
v.
KEVIN J. KORBEL Defendant-Appellant

          Appeal from the Licking County Court of Common Pleas, Case No. 17-CR-434

          For Plaintiff-Appellee: HAWKEN FLANAGAN Licking Co. Prosecutor's Office

          For Defendant-Appellant: ANDREW SANDERSON Burkett & Sanderson

          Hon. William B. Hoffman, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

          OPINION

          DELANEY, J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} The following is adduced from appellee's bill of particulars filed June 7, 2017.

         First Conviction, Same Victim

         {¶3} 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.

         Appellant Calls the Same Victim, Again, from Jail

         {¶4} 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.

         {¶5} 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 On July 3, 2017, appellant filed a written Motion for Change of Pleas and Continuance, moving the trial court to withdrawn his previously-entered plea of not guilty, to enter a plea of guilty, and for the trial court to order a pre-sentence investigation (P.S.I.) prior to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.

         {¶6} 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 Jail.

         {¶7} Appellant now appeals from the judgment entries of his conviction ...


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