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. Miller

Court of Appeals of Ohio, Seventh District, Mahoning

June 20, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
BRANDON L. MILLER, Defendant-Appellant.

          Criminal Appeal from the Youngstown Municipal Court of Mahoning County, Ohio Case No. 2016 CRB 843, 2016 CRB 844.

          Atty. Dana Lantz, City Prosecutor and Atty. Jeffrey Moliterno, Assistant Prosecutor, 26 South Phelps Street, Plaintiff-Appellee, and

          Atty. Wesley Johnston, P.O. Box 6041, Youngstown, Ohio 44501, for Defendant-Appellant.

          BEFORE:Gene Donofrio, Cheryl L. Waite, Carol Ann Robb, Judges.

          OPINION AND JUDGMENT ENTRY

          Donofrio, J.

         {¶1} Defendant-appellant, Brandon Miller, appeals his convictions in the Youngstown Municipal Court for nine counts of Youngstown Municipal Property Maintenance violations pursuant to 546.04 of Youngstown Codified Ordinances, misdemeanors of the third degree, following a bench trial.

         {¶2} Appellant is the owner of real property located at 2028 Pointview Avenue in Youngstown, Ohio. Appellant also resides at this property. On April 20, 2016, appellant was charged with nine violations of the Youngstown Municipal Property Maintenance Code pursuant to Chapter 546 of the Youngstown Codified Ordinances, misdemeanors of the third degree. The violations all occurred at appellant's property.

         {¶3} Appellant was arraigned on April 21, 2016 and a bench trial was scheduled for May 13, 2016. Four days before trial, on May 9, 2016, appellant filed a request for a bill of particulars. The trial court postponed the trial in order to allow plaintiff-appellee, the State of Ohio, time to produce a bill of particulars. The state provided the bill of particulars to appellant on May 13, 2016.

         {¶4} The trial court rescheduled appellant's trial for June 9, 2016. Three days before the trial, on June 6, 2016, appellant filed a "motion to dismiss/acquit." This motion argued, in part, that the state failed to properly notify appellant of the charges pursuant to Y.C.O 546.06(a). On the date of the bench trial, June 9, 2016, the trial court verbally denied appellant's motion. The trial court memorialized said ruling in a journal entry dated June 9, 2016.

         {¶5} At trial, the state called Abigail Beniston, a code enforcement and blight remediation superintendent for the City of Youngstown. Relevant to this appeal, Beniston testified that she could not produce a copy of the notice of violation issued to appellant at trial nor could she testify as to which of appellant's nine violations were in the initial notice.

         {¶6} At the end of the state's case, appellant moved again to dismiss the charges on the basis that the state failed to prove that it properly notified him of the violations. The trial court denied this motion.

         {¶7} At the conclusion of the trial, the trial court found appellant guilty of all nine violations of Y.C.O. 546.04. The trial court sentenced appellant to 60 days of incarceration on three counts to run concurrently, two years of probation, community service, and a $100.00 fine for each count. Appellant timely filed this appeal on July 13, 2016. Appellant now raises one assignment of error.

         {¶8} Appellant's sole assignment of error states:

THE TRIAL COURT ERRED IN NOT GRANTING DEFENDANT-APPELLANTS MOTION TO DISMISS/ACQUIT WHEN THE STATE FAILED TO PROVIDE THE REQUIRED ADMINISTRATIVE NOTICE OF THE ...

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.