Court of Appeals of Ohio, Fifth District, Muskingum
CHARACTER OF PROCEEDING: Criminal Appeal from the Court of
Common Pleas, Case No. CR2017-0282
Plaintiff-Appellee D. MICHAEL HADDOX PROSECUTING ATTORNEY
GERALD V. ANDERSON II ASSISTANT PROSECUTOR
Defendant-Appellant JAMES A. ANZELMO ANZELMO LAW
JUDGES: Hon. John W. Wise, P. J. Hon. William B. Hoffman, J.
Hon. Earle E. Wise, J.
JOHN, P. J.
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.
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
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.
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.
On December 11, 2017, appellant appeared before the trial
court with appointed counsel and pled guilty to both charges.
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.
On January 10, 2018, appellant filed a notice of appeal. He
herein raises the following two Assignments of Error:
"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 ...