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State v. Eaton

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 17, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DEMARCUS EATON DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-612481-A and CR-17-613662-A

          ATTORNEY FOR APPELLANT Amichai Eitan Zukowsky

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Shannon M. Raley Geoffrey S. Minter Assistant County Prosecutors

          BEFORE: Jones, J., E.T. Gallagher, P.J., and Laster Mays, J.

          JOURNAL ENTRY AND OPINION

          LARRY A. JONES, SR, JUDGE

         {¶1} Defendant-appellant Demarcus Eaton ("Eaton") appeals his convictions and sentence. For the reasons that follow, we affirm.

         {¶2} In December 2016, Eaton was charged with kidnapping with one- and three-year firearm specifications, carrying a concealed weapon, aggravated menacing, and resisting arrest in Cuyahoga County Common Pleas No. CR-16-612481-A. He was released on bail, but failed to appear at his arraignment, and a capias was issued for his arrest. He was subsequently indicted with four counts of menacing by stalking and carrying a concealed weapon in Cuyahoga County Common Pleas No. CR-17-613662-A.

         {¶3} At a pretrial hearing, both cases were set for trial. The day before trial, the state filed a motion to join the two cases. On the day of trial, the court began by calling both cases to trial:

Court: We have Case Nos. 612481 and 613662, State of Ohio versus Demarcus Eaton.
Court: This case is set for trial. We have nine counts, starting with kidnapping, a felony of the first degree; carrying a concealed weapon, a felony of the fourth degree; aggravated menacing, a Misdemeanor 1; resisting arrest, a Misdemeanor 2; menacing by stalking, a Felony 4 times four, four counts of that on two different days; and another carrying a concealed weapon.
Court: Are we ready for trial, counsel?
State: Yes, Your Honor. The State is ready to proceed.
Court: [Defense Counsel]?
Defense Counsel: Yes, Your ...

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