FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2016-12-4254
P. AGARWAL, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
J. CARR, Presiding Judge.
Appellant, Andre Lee, appeals the judgment of the Summit
County Court of Common Pleas. This Court affirms.
On December 10, 2016, Andre Lee was involved in a physical
altercation with a woman at an apartment complex in Akron,
Ohio. The scuffle occurred when the woman informed Lee that
she did not want him to enter her apartment. When the woman
went to a neighbor's apartment to call for help, Lee
broke out the neighbor's window.
On January 5, 2017, the Summit County Grand Jury indicted Lee
on one count of aggravated burglary, one count of attempted
burglary, and one count of assault. The grand jury
subsequently returned a supplemental indictment charging Lee
with one count of violating a protection order. After
initially pleading not guilty to all of the charges, Lee
entered a plea of guilty to the count of violating a
protection order. The remaining charges were tried to a jury
where Lee was found guilty of assault. The jury found Lee not
guilty of aggravated burglary and attempted burglary.
The trial court imposed 180-day jail sentences on the counts
of assault and violating a protection order and ordered that
those sentences run concurrently with each other. The trial
court further ordered that Lee's sentences in this case
run concurrently with the 12-month prison sentence that had
been imposed against him in a separate criminal case, Case.
On appeal, Lee raises two assignments of error.
OF ERROR I
TRIAL COURT VIOLATED CRIM.R. 32(C) BY FAILING TO ISSUE A
FINAL, APPEALABLE ORDER WITHIN ONE DOCUMENT.
In his first assignment of error, Lee contends that the trial
court failed to issue a final, appealable order in this
matter because this Court must look at two separate journal
entries in order to understand what ...