Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Fortson

Court of Appeals of Ohio, Fifth District, Stark

June 18, 2018

STATE OF OHIO Plaintiff-Appellee
v.
CHARLES LEWIS FORTSON Defendant-Appellant

          Appeal from the Stark County Court of Common Pleas, Case No. 2017- CR-0278

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney RONALD MARK CALDWELL Assistant Prosecuting Attorney.

          For Defendant-Appellant VICTORIA BADER Assistant State Public Defender.

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

          OPINION

          Baldwin, J.

         {¶1} Appellant, Charles Fortson, appeals his conviction for having weapons under a disability in violation of 2923.13(A)(2), a felony of the third degree. Appellant was a juvenile at the time of the filing of the complaint, but his case was transferred to the Stark County Court of Common Pleas, where he admitted to the indictment and was sentenced on this charge and several other charges. Appellee is the State of Ohio.

         FACTS AND PROCEDURAL POSTURE

         {¶2} The facts leading to the charges filed against appellant are unnecessary for the resolution of the appeal, so they are omitted.

         {¶3} The appellee was a juvenile just eleven days short of his eighteenth birthday when he allegedly committed several felony offenses including the only offense relevant to his appeal, one count of having a weapon under disability in violation of R.C. 2923.13(A)(2). The State filed complaints with the Stark County Court of Common Pleas, Family Division, charging appellant with multiple offenses on September 23, 2016 and, concurrent with the filing of the complaints, the State filed a motion to transfer jurisdiction to the Criminal Division of the Stark County Court of Common Pleas pursuant to Juv.R. 30, R.C. 2152.10 and 2152.12. After a hearing on January 26, 2017 and after a thorough evaluation of the law and the facts, the family court issued extensive findings of fact and conclusions of law and determined that there was probable cause to believe that appellant committed the alleged offenses and that he was not amenable to rehabilitation in the juvenile system. The court transferred his case to the criminal division per entry on February 14, 2017. Appellant did not object or appeal the family court's findings or orders.

         {¶4} Appellee was indicted on March 8, 2017 for one count of possessing a weapon under disability in violation of R.C. 2923.13(A)(2) and several other felony offenses, including three counts of rape, one count of kidnapping, one count of aggravated robbery, one count of improperly handling firearms in a motor vehicle, one count of receiving stolen property, one count of carrying a concealed weapon, one count of trafficking in a controlled substance and one count of possession of cocaine. He initially plead not guilty, but, on April 10, 2017, appellant changed his plea to guilty and was sentenced to 36 months on the violation of R.C. 2923.13(A)(2). He was sentenced on all other pending charges for a total time of incarceration of 19 years.

         {¶5} Appellant filed a notice of appeal and a motion for leave to file a delayed appeal on July 28, 2017. That motion was granted and appellant filed a brief with a single assignment of error:

         {¶6} THE STARK COUNTY COMMON PLEAS COURT ERRED WHEN IT CONVICTED CHARLES FORTSON OF WEAPONS UNDER DISABILITY WHERE THE DISABILITY AROSE FROM A JUVENILE ADJUDICATION. State v. Hand, 149 Ohio St.3d 94, 2016-0hio-5504, 73 N.E.3d 448; State v. Bode, 144 Ohio St.3d 155, 2015-0hio-1519, 41 N.E.3d 1156; FOURTEENTH AMENDMENT TO THE U.S. CONSTITUTION; ARTICLE I, SECTION 16, OHIO CONSTITUTION.

         {¶7} We note that appellant has appealed only his conviction for having a weapon under a disability and no other portion of his conviction. We also note that this issue was not argued before the trial court and, therefore, must be reviewed under a "plain error standard.

         STANDARD ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.