FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2018-04-1259
M. MEDVICK, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO JUDGE.
Defendant-Appellant, Clarence Shockey, appeals from the
judgment of the Summit County Court of Common Pleas. This
As a result of Mr. Shockey having a sexual relationship with
his daughter, she gave birth to a child in December 2017.
Summit County Children Services intervened once the child was
born, and the police arrested Mr. Shockey shortly thereafter.
A grand jury then indicted him on one count of sexual
battery, in violation of R.C. 2907.03(A)(5).
Mr. Shockey's indictment originally alleged that his
offense had occurred at some point between May 1, 2017, and
May 31, 2017, when his daughter would have been over the age
of eighteen. The State later moved to amend the indictment,
however, and the trial court granted its motion. The amended
indictment alleged an earlier start date for the offense
period, thereby encompassing the time period when Mr. Shockey
and his daughter had conceived their child. At that point in
time, Mr. Shockey's daughter was only seventeen years
A bench trial took place, at the conclusion of which the
trial court found Mr. Shockey guilty of sexual battery. The
court then sentenced him to five years in prison and
classified him as a tier III sex offender/child victim
Mr. Shockey now appeals from his conviction and raises two
assignments of error for our review.
OF ERROR ONE
TRIAL COURT COMMITTED PLAIN ERROR IN AMENDING THE INDICTMENT
BY MOTION AND WITHOUT PRESENTATION TO THE GRAND JURY
In his first assignment of error, Mr. Shockey argues that the
trial court committed plain error when it authorized the
amendment to his indictment. He argues that the amendment was
improper because it subjected him to substantially increased
penalties and thereby altered the ...