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.

City of Cleveland v. Oke

Court of Appeals of Ohio, Eighth District, Cuyahoga

July 19, 2018

CITY OF CLEVELAND PLAINTIFF-APPELLEE
v.
JOSHUA OKE DEFENDANT-APPELLANT

          Criminal Appeal from the Cleveland Municipal Court Case No. 2016 CRD 021235

          ATTORNEYS FOR APPELLANT Mark A. Stanton Cuyahoga County Public Defender By: Cullen Sweeney Assistant Cuyahoga County Public Defender

          ATTORNEY FOR APPELLEE Barbara A. Langhenry Director of Law City of Cleveland - Law Department

          BEFORE: Blackmon, J., Kilbane, P.J., and S. Gallagher, J.

          JOURNAL ENTRY AND OPINION

          PATRICIA ANN BLACKMON, JUDGE.

         {¶1} Defendant-appellant Joshua Oke ("Oke"), appeals from the second of two sentences imposed for drug possession, following his termination from the Cleveland Municipal Court's drug court program. Oke assigns the following error for our review:

The trial court violated [Oke's] constitutional protection against being placed in double jeopardy when it imposed multiple punishments for the same offense.

         {¶2} Having reviewed the record and pertinent law, we vacate the second sentence and order Oke discharged, in light of his completion of the court's original sentence. The apposite facts follow.

         {¶3} In 2016, Oke was charged with first-degree misdemeanor drug abuse in East Cleveland, and the matter was referred to the Cleveland Municipal Court's drug court on November 9, 2016.[1] At the time of his acceptance into the program, he was at the Northcoast Behavioral Healthcare Center, awaiting residential placement. The court provided Oke with the rules for participating in the program, including that Oke would be subjected to drug testing and monitoring for at least a year, and that he could be terminated from the program for noncompliance or withdraw voluntarily.

         {¶4} Oke participated in the drug court program for eight months. In June 2017, Oke informed the court that he had smoked crack and the court ordered him to spend two days in jail. Oke tested positive for marijuana on August 28, 2017, and September 7, 2017. On September

          13, 2017, the court terminated Oke from the drug court program, and sentenced him to ten days in jail. The court noted that "ten days is a gift because I could be giving you six months * * * ten days then you can go on about your business." The court's journal entry indicates that incarceration would end on September 23, 2017, and the matter was returned to the East Cleveland Municipal Court.

         {¶5} One week later, the court held an additional hearing. Oke's counsel questioned whether jurisdiction had vested in the East Cleveland Municipal Court in light of Oke's termination from drug court, and the court replied:

you can go to East Cleveland where they don't have heat, air or water sometimes, electricity or you can stay here. * * * So it's a technicality, but if you want to ride on that technicality, you can ride it all the way to East Cleveland jail.

         {¶6} The court then imposed a second sentence of 150 days of incarceration. Oke filed a motion for bond, but the trial court sua sponte converted it to a motion to "mitigate sentence," and denied it, then ordered an additional hearing one week later to "revisit" the issue of mitigation of sentence. This court granted an appellate bond on October 23, 2017, or ...


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.