Court of Appeals of Ohio, Fifth District, Muskingum
from the Zanesville Municipal Court, Case No. CRB1800197
Plaintiff-Appellee DAVID J. TARBERT EMILY STRANG TARBERT
SCOTT D. EICKELBERGER
Defendant-Appellant ERIC J. ALLEN The Law Office of Eric J.
JUDGES: Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, J.
Defendant-appellant Krystie Jo Bollinger appeals her sentence
from the Zanesville Municipal Court. Plaintiff-appellee is
the State of Ohio.
OF THE FACTS AND CASE
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
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.
On September 20, 2018, a warrant was issued due to
appellant's failure to appear at a follow up hearing.
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.
Appellant now raises the following assignment of error on
"I. THE TRIAL COURT ERRED BY IMPOSING A SENTENCE WHICH
INCLUDED A DEFINITE ...