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State v. Lee

Court of Appeals of Ohio, Ninth District, Summit

June 27, 2018

STATE OF OHIO Appellee
v.
ANDRE K. LEE Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2016-12-4254

          NEIL P. AGARWAL, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR, Presiding Judge.

         {¶1} Appellant, Andre Lee, appeals the judgment of the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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. No. CR-2016-05-1526.

         {¶5} On appeal, Lee raises two assignments of error.

         II.

         ASSIGNMENT OF ERROR I

         THE TRIAL COURT VIOLATED CRIM.R. 32(C) BY FAILING TO ISSUE A FINAL, APPEALABLE ORDER WITHIN ONE DOCUMENT.

         {¶6} 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 ...


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