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State v. Compton

Court of Appeals of Ohio, Fifth District, Muskingum

July 19, 2018

STATE OF OHIO Plaintiff-Appellee
v.
GARY O. COMPTON Defendant-Appellant

          CHARACTER OF PROCEEDING: Criminal Appeal from the Court of Common Pleas, Case No. CR2017-0282

         APPEARANCES:

          For Plaintiff-Appellee D. MICHAEL HADDOX PROSECUTING ATTORNEY GERALD V. ANDERSON II ASSISTANT PROSECUTOR

          For Defendant-Appellant JAMES A. ANZELMO ANZELMO LAW

          JUDGES: Hon. John W. Wise, P. J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, J.

          OPINION

          WISE, JOHN, P. J.

         {¶1} Defendant-Appellant Gary O. Compton appeals from his convictions, in the Muskingum County Court of Common Pleas, on one count of burglary and one count of motor vehicle theft. Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.

         {¶2} On April 9, 2017, Lonnie Shimer returned to his home near Dresden, Ohio, and discovered a stranger inside his garage. Mr. Shimer gave chase to the man, but he lost track of him. When Shimer returned to his home, he noticed that several items had been removed from the residence and put into the garage. Sheriff deputies investigated and obtained a jacket Shimer discovered at the house, which was later determined to bear traces of appellant's DNA. Security footage from a nearby tavern also helped detectives identify appellant as the man who had run from the scene

         {¶3} On April 10, 2017, Richard Cullins, who lives just one mile from Shimer, reported that his 2006 Chrysler minivan had been stolen. The vehicle was later recovered in Glenford, Ohio. A cigarette lighter found at the spot of recovery was analyzed and also found to bear traces of appellant's DNA.

         {¶4} On August 23, 2017, appellant was indicted one count of burglary (R.C. 2911.12(A)(2)), a felony of the second degree, and one count of theft of a motor vehicle (R.C. 2913.02), a felony of the fourth degree.

         {¶5} On December 11, 2017, appellant appeared before the trial court with appointed counsel and pled guilty to both charges.

         {¶6} A sentencing hearing was conducted on December 29, 2017. Appellant told the court he is a heroin user and that his criminal history is due to his habit. After conducting the hearing and reviewing the pre-sentencing investigation report ("PSI"), the trial court sentenced appellant inter alia to seven years for the crime of burglary and twelve months for the crime of motor vehicle theft. These terms were ordered to be served consecutively.

         {¶7} On January 10, 2018, appellant filed a notice of appeal. He herein raises the following two Assignments of Error:

         {¶8} "I. THE TRIAL COURT UNLAWFULLY ORDERED GARY COMPTON TO SERVE CONSECUTIVE SENTENCES, IN VIOLATION OF HIS RIGHTS TO DUE PROCESS, GUARANTEED BY SECTION 10, ARTICLE I OF THE OHIO CONSTITUTION AND THE FIFTH ...


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