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State v. Bollinger

Court of Appeals of Ohio, Fifth District, Muskingum

June 6, 2019

STATE OF OHIO, Plaintiff - Appellee
v.
KRYSTIE JO BOLLINGER, Defendant-Appellant

          Appeal from the Zanesville Municipal Court, Case No. CRB1800197

          For Plaintiff-Appellee DAVID J. TARBERT EMILY STRANG TARBERT SCOTT D. EICKELBERGER

          For Defendant-Appellant ERIC J. ALLEN The Law Office of Eric J. Allen, Ltd.

          JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

          OPINION

          BALDWIN, J.

         {¶1} Defendant-appellant Krystie Jo Bollinger appeals her sentence from the Zanesville Municipal Court. Plaintiff-appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On or about February 12, 2018, appellant dropped off a flyer at St. Nicholas Church in downtown Zanesville. The flyer requested money for a domestic violence charity. After receiving a complaint from the church secretary, who was suspicious, the Zanesville Police Department provided the Church with $100.00 in bait money and, after the Church called appellant, waited outside for appellant to come and collect the funds. Appellant showed up at the Church shortly thereafter, collected the money and was arrested. The charity had advised the police that there was no charity event planned, that appellant was not a part of their organization, and that their logo was being used by appellant without permission. Appellant was charged with petty theft (by deception) and possession of criminal tools, both misdemeanors of the first degree. At her arraignment on February 13, 2018, appellant entered a plea of not guilty to the charges.

         {¶3} At a plea hearing on April 5, 2018, appellant pleaded guilty to theft by deception and appellee agreed to dismiss the remaining charge. At appellant's request, the trial court deferred sentencing. Appellant was referred to the probation department for possible drug/mental health assessment and the trial court stated that if treatment was suggested and completed, it would consider dismissing the charges. At the plea hearing, the trial court told appellant that she had an opportunity to help herself and to "take advantage of it and do it." Transcript of April 5, 2018 hearing at 9.

         {¶4} On September 20, 2018, a warrant was issued due to appellant's failure to appear at a follow up hearing.

         {¶5} A sentencing hearing was held on October 2, 2018. The trial court, as memorialized in a Judgment Entry filed on October 2, 2018, sentenced appellant to sixty (60) days in jail with thirty (30) days suspended on the petty theft charge. The trial court also found appellant in contempt of court for failure to appear at a prior sentencing hearing and sentenced her to ten (10) days in jail, to run consecutively, for an aggregate sentence of forty (40) days in jail. The trial court also fined appellant $200.00.

         {¶6} Appellant now raises the following assignment of error on appeal:

         {¶7} "I. THE TRIAL COURT ERRED BY IMPOSING A SENTENCE WHICH INCLUDED A DEFINITE ...


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