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State v. Feister

Court of Appeals of Ohio, Fifth District, Tuscarawas

June 13, 2018

STATE OF OHIO Plaintiff-Appellee
v.
JASON K. FEISTER Defendant-Appellant

          Criminal appeal from the Tuscarawas County Court of Common Pleas, Case No. CR 040094

          For Plaintiff-Appellee AMANDA MILLER Assistant Prosecuting Attorney.

          For Defendant-Appellant JASON KEISTER C/O Correctional Reception Center.

          Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, J., Judge.

          OPINION

          HON. W. SCOTT GWIN, JUDGE.

         {¶1} Appellant Jason K. Feister ["Feister"] appeals the trial court's January 17, 2018 Judgment Entry of Sentencing after a no contest plea in the Tuscarawas County Court of Common Pleas.

         Facts and Procedural History

         {¶2} On May 1, 2017, a summons on indictment in case number 2017 CR 04 0094 containing one count obstructing official business, a felony of the fifth degree, and one count resisting arrest, a misdemeanor of the second degree, was issued for Feister.

         {¶3} On May 11, 2017, Feister failed to appear for arraignment and a warrant upon indictment was issued on May 15, 2017.

         {¶4} On May 16, 2017, Feister was apprehended on the warrant and arraigned on May 23, 2017. Feister entered a plea of not guilty and the previously posted bond was continued with the added terms of a GPS ankle monitor and pre-trial supervision through the Tuscarawas County Community Corrections Program.

         {¶5} On June 19, 2017, the first pre-trial was conducted and a trial date of October 11, 2017 was docketed.

         {¶6} On September 15, 2017, Feister violated the terms of his pre-trial supervision by removing his GPS ankle monitor, fleeing from New Philadelphia Police Officers and receiving new, unrelated misdemeanor charges.

         {¶7} On October 3, 2017, the trial court cancelled the trial scheduled to proceed on October 11, 2017. On October 11, 2017, Feaster's bond was revoked and the cash bond released back to the bondsman. The trial court also docketed the jury trial for November 28, 2017.

         {¶8} On November 28, 2017, Feister entered a no contest plea and was found guilty of one count of obstructing official business, a felony of the fifth degree, after the state dismissed count two, resisting arrest, in the instant case. A ...


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