Court of Appeals of Ohio, Fifth District, Ashland
from the Court of Common Pleas, Case No. 18-CRI-079
Plaintiff-Appellant MATTHEW J. MALONE 10 East Main Street
Ashland, OH 44805
Defendant-Appellee COLE F. OBERLI 110 Cottage Street Ashland,
JUDGES: Hon. William B. Hoffman, P.J. Hon. Craig R. Baldwin,
J. Hon. Earle E. Wise, Jr., J.
1} Defendant-Appellant, Dennis May, Jr., appeals the October
25, and December 12, 2018 judgment entries of the Court of
Common Pleas of Ashland County, Ohio denying his motion for
intervention in lieu of conviction. Plaintiff-Appellee is
state of Ohio.
AND PROCEDURAL HISTORY
2} On May 10, 2018, the Ashland County Grand Jury indicted
appellant on one count of aggravated possession of drugs in
violation of R.C. 2925.11.
3} On June 20, 2018, appellant filed a motion for
intervention in lieu of conviction pursuant to R.C. 2951.041.
A hearing was held on October 22, 2018. By judgment entry
filed October 25, 2018, the trial court found appellant did
not meet the requirements for intervention in lieu of
4} On November 2, 2018, appellant pled guilty to the charge.
By judgment entry filed December 12, 2018, the trial court
sentenced appellant to one hundred eighty days in jail.
5} Appellant filed an appeal and this matter is now before
this court for consideration. Assignment of error is as
6} "THE TRIAL COURT ERRED BY FINDING THAT EXPERT OPINION
ON ELIGIBILITY FACTORS WAS NECESSARY IN ORDER TO FIND
APPELLANT ELIGIBLE FOR INTERVENTION IN ...