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State v. Stout

Court of Appeals of Ohio, Fifth District, Richland

June 4, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DEVON R. STOUT Defendant-Appellant

          Appeal from the Richland County Court of Common Pleas, Case No. 2009 CR 869 H

          For Plaintiff-Appellee: GARY BISHOP RICHLAND CO. PROSECUTOR JOSEPH C. SNYDER

          For Defendant-Appellant: DAVID M. WATSON

          Hon. W. Scott Gwin, P.J. Hon. Patricia A. Delaney, J. Hon. Craig R. Baldwin, J.

          OPINION

          Delaney, J.

         {¶1} 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.

         FACTS AND PROCEDURAL HISTORY

         {¶2} This case arose in 2009 when appellant was charged by indictment with two counts of felonious assault and four counts of child endangering.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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, 2010.

         {¶6} 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.

         {¶7} 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 ...


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