Court of Appeals of Ohio, Eighth District, Cuyahoga
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
A. JONES, SR, JUDGE
Defendant-appellant Demarcus Eaton ("Eaton")
appeals his convictions and sentence. For the reasons that
follow, we affirm.
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.
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
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 ...