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State v. Nocera

Court of Appeals of Ohio, Fifth District, Stark

June 14, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DANIEL MICHAEL NOCERA Defendant-Appellant

          Appeal from the Stark County Court of Common Pleas, Case No. 2018CR0545

          For Plaintiff-Appellee: JOHN D. FERRERO, JR. STARK CO. PROSECUTOR RONALD MARK CALDWELL

          For Defendant-Appellant: AARON KOVALCHIK

          Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J. Judges.

          OPINION

          Delaney, J.

         {¶1} Appellant Daniel Michael Nocera appeals from the July 5, 2018 Judgment Entry of the Stark County Court of Common Pleas. Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶2} A statement of the facts underlying appellant's criminal convictions is not necessary to our resolution of this appeal.

         {¶3} Appellant was charged by indictment with one count of violation of a protection order pursuant to R.C. 2919.27(A)(2), a felony of the third degree [Count I]; one count of menacing by stalking pursuant to R.C. 2903.211(A)(1) and (B)(2)(g), a felony of the fourth degree [Count II]; and one count of telecommunications harassment pursuant to R.C. 2917.21(A)(1), a felony of the fifth degree [Count III].

         {¶4} On May 23, 2018, appellant appeared before the trial court and changed his previously-entered pleas of not guilty to ones of guilty as charged in the indictment. The trial court deferred sentencing pending a pre-sentence investigation (P.S.I.).

         {¶5} On June 27, 2018, appellant appeared for sentencing and the trial court suspended a 36-month prison term on the condition that appellant complete a 36-month period of community control. Appellant was ordered to, e.g., complete a term in a community-based corrections facility, complete drug and alcohol treatment, obtain employment, complete community service, and to have no contact with the victim.

         {¶6} Appellant now appeals from the trial court's July 5, 2018 Judgment Entry of conviction and sentence.

         {¶7} Appellant raises one assignment of error:

         ASSIGNMENT ...


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