Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No. 2009
CR 869 H
Plaintiff-Appellee: GARY BISHOP RICHLAND CO. PROSECUTOR
JOSEPH C. SNYDER
Defendant-Appellant: DAVID M. WATSON
W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Craig
R. Baldwin, J.
Appellant Devon R. Stout appeals from the July 24, 2018
judgment entry of the Richland County Court of Common Pleas.
Appellee is the state of Ohio.
AND PROCEDURAL HISTORY
This case arose in 2009 when appellant was charged by
indictment with two counts of felonious assault and four
counts of child endangering.
We note the facts of the underlying offenses are not
specified in the record and are not stated by either party.
The trial court record includes a brief police report
indicating the investigation was launched at Nationwide
Children's Hospital when appellant's infant son was
found to have several broken bones.
On March 18, 2010, appellant entered pleas of guilty to one
count of felonious assault and one count of child
endangering, both felonies of the second degree. The
remaining counts were dismissed.
Appellee recommended a prison term of four years upon Count
I, felonious assault, and a community-control term of 3 years
upon Count III, child endangering, "upon release in
count one." Admission of Guilt/Judgment Entry, March 18,
The matter proceeded to sentencing on April 21, 2010, and the
trial court sentenced appellant to a prison term of four
years each upon Counts I and III, although the prison term
upon Count III was suspended. A notation states the counts
are to be served "consecutively to each other and to
07-CR-529 & 07-CR-978." The sentence further states
appellant is sentenced to a four-year term of community
control upon Count III.
On December 6, 2011, appellant filed a motion for judicial
release in the instant case. Appellee responded with a motion
in opposition arguing that appellant was caught breaking into
vacant houses in 2007 and was charged with one count of
breaking and entering in case number 07-CR-529 H. While that
case was pending, appellant was caught breaking into another
house. The second case was 07-CR-978 H. He received a
suspended sentence and was placed on community control, but