Court of Appeals of Ohio, Fifth District, Guernsey
Criminal Appeal from the Court of Common Pleas, Case No. 15
Plaintiff-Appellee JOEL M. BLUE, PROSECUTING ATTORNEY, JASON
R. FARLEY, ASSISTANT PROSECUTOR.
Defendant-Appellee ELIZABETH N. GABA.
JUDGES: Hon. John W. Wise, P. J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, Jr., J.
Defendant-Appellant Shawn D. Mayle appeals the October 9,
2018, decision of Guernsey County Court of Common Pleas
denying his motion for judicial release.
Plaintiff-Appellee is the State of Ohio.
OF THE FACTS AND CASE
On April 25, 2016, Appellant Shawn D. Mayle entered into a
negotiated plea agreement with regard to two criminal cases:
15CR78 and 15CR104. Pursuant to the plea agreement, the two
cases were joined for sentencing.
In 15 CR 78, Appellant pled guilty to and was convicted of
one count of Possession of Cocaine, an F-3, for which he was
sentenced to 12 months mandatory time, and one count of
Weapons Under Disability, for which he was sentenced to 36
months non-mandatory time.
In 15 CR 104, Appellant pled guilty to and was convicted of
one count of Possession of Marijuana, an F-5, and was
sentenced to 9 months non-mandatory time. All time was
ordered to run consecutively.
On April 30, 2018, Appellant filed a pro-se motion for
judicial release on both cases.
On May 7, 2018, the state of Ohio opposed the motion.
On May 10, 2018, the trial court held a non-oral