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State v. Blas

Court of Appeals of Ohio, Eleventh District, Portage

June 25, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
WILLIAM G. BLAS, Defendant-Appellant.

          Criminal Appeal from the Portage County Court of Common Pleas. Case No. 2016 CR 00395.

          Victor V. Vigluicci, Portage County Prosecutor, and Pamela J. Holder, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).

          Eugene Fehr, Portage County Public Defender's Office, 209 South Chestnut Street, Suite 400, Ravenna, OH 44266 (For Defendant-Appellant).

          OPINION

          TIMOTHY P. CANNON, J.

         {¶1} Appellant, William G. Blas, appeals from the May 22, 2017 restitution order of the Portage County Court of Common Pleas. For the following reasons, the trial court's order is reversed, and the case is remanded.

         {¶2} On June 10, 2016, appellant was involved in an incident resulting in his striking with his car the digital sign in front of Ravenna High School, damaging the sign and surrounding brickwork.

         {¶3} As a result of that incident, appellant was indicted by the Portage County Grand Jury on three counts of Felonious Assault, second-degree felonies in violation of R.C. 2903.11(A)(2) (Counts 1-3), and one count of Vandalism, a fifth-degree felony in violation of R.C. 2909.05(B)(2) (Count 4). Appellant initially entered a plea of not guilty to the charges.

         {¶4} He later entered into a written plea agreement with appellee, the state of Ohio. The plea agreement states appellant is pleading guilty to "Amended Counts 1 & 2 * * * each a charge of 'Endangering Children,' a misdemeanor of the 1st degree * * * [and] Count #4 Vandalism, a felony of the 5th degree in violation of ORC 2909.05(B)(2)." At appellant's plea hearing, the following exchange took place:

The Court: All right. Then regarding counts one and two * * * I will grant the State's motion to amend those two charges, count one and two, to endangering children, misdemeanors of the first degree.
As amended, how do you plea to both of those counts?
Appellant: Guilty.
The Court: And count four, which is vandalism, a felony of the fifth degree, how do you plea?
Appellant: Guilty.

         The trial court accepted the guilty plea and ordered a Pre-Sentence Investigation ("PSI").

         {¶5} The September 7, 2016 judgment entry from the plea hearing states that appellant entered a written plea of guilty to "Amended Counts One and Two * * * and Count Four, Vandalism,' a felony of the fourth degree, ...


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