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State v. R.P.

Court of Appeals of Ohio, Tenth District

June 25, 2019

State of Ohio, Plaintiff-Appellant,
v.
R.P., Defendant-Appellee.

          APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 88CR-3201A)

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Barbara A. Farnbacher, for appellant.

         Argued:

          Barbara A. Farnbacher.

          DECISION

          BEATTY BLUNT, J.

         {¶ 1} The Plaintiff-appellant, State of Ohio, appeals a decision from the Franklin County Court of Common Pleas granting an application to seal a criminal record. Defendant-appellee, R.P., has not appeared in the appeal. Because appellee was not an eligible offender when he filed his application, we sustain the state's sole assignment of error and reverse the trial court's decision.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On November 9, 1988, appellee pled guilty to attempted receiving stolen property, a felony in the fourth degree. (See Franklin C. P. No. 88CR-3201A.) This is the conviction appellee seeks to seal.

         {¶ 3} Appellee was also previously convicted of burglary, a felony in the second degree, in 1988. (See Franklin C.P. No. 87CR-3161.)

         {¶ 4} Appellee also has a previous conviction for menacing, a fourth-degree misdemeanor. (See Franklin M.C. No. 1994 CRB 014400.[1])

         {¶ 5} On September 18, 2018, appellee filed an application to seal his conviction for attempted receiving stolen property. The state opposed the application, arguing that appellee's other convictions preclude him from being eligible to have his record sealed.

         {¶ 6} Appellee's application came before the court for a hearing on January 10, 2019. The trial court granted appellee's application.

         {¶ 7} The state has appealed the trial ...


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