from Napoleon Municipal Court Trial Court No. CRB1600005
Defendant-appellant, Ethan P. Moore ("Moore"),
appeals the December 10, 2018 judgment entry of sentencing of
the Napoleon Municipal Court. We affirm.
On January 7, 2016, Moore was charged in a complaint for a
single count of theft in violation of R.C. 2913.02(A)(2), a
first-degree misdemeanor. (Doc. No. 1). The affidavit
attached to the warrant stated that on January 3, 2016 an
officer was dispatched to the Best Western Hotel in the City
of Napoleon, Henry County, Ohio "for a report of a guest
that left without paying for his room." (Probable Cause
Affidavit; Doc. No. 1.); (see December 10, 2018 Tr.
at 2, 5, 6; Doc. No. 17). Moore, the "guest" in
question, could not be located at the hotel, so a warrant was
issued for his arrest. (Warrant on Complaint; Doc. No. 1).
Moore was apprehended on the warrant on December 6, 2018
wherein he was able to view a video containing a statement of
his rights prior to arraignment. (December 6, 2018 Tr. at
2-4; Doc. No. 17); (December 7, 2018 Tr. at 2; Doc. No. 17);
(Doc. No. 16); (see Service Return on Warrant on
Complaint; Doc. No. 1). Moore was arraigned in the trial
court on the complaint on December 7, 2018 where a plea of
not guilty was entered on his behalf and his case was
scheduled for a pre-trial conference. (December 7, 2018 Tr.
at 2, 3; Doc. No. 17); (Doc. No. 2).
On December 10, 2018, the matter proceeded to a
video-conferenced pre-trial and change-of-plea hearing
wherein Moore (after waiving counsel and electing to proceed
pro se) entered a no-contest plea, and was found guilty by
the trial court of theft. (Doc. No. 4). Contemporaneous with
his no-contest plea, Moore executed a written waiver of his
Crim.R. 11 rights. (December 10, 2018 Tr. at 2-6; Doc. No.
17); (Doc. No. 5).
After pleading no contest, Moore was immediately sentenced by
the trial court. (December 10, 2018 Tr. at 6, 7; Doc. No.
17); (Doc. No. 4). The trial court ordered Moore to pay the
court costs ($143.50) and restitution ($101.91) both of which
were to be paid through the clerk of court's office by
February 28, 2019. (Id.); (Id.) The trial
court further ordered Moore to serve 30 days in jail, 26 days
of which were suspended, with Moore receiving credit for 4
days previously served. (Id.); (Id.) Moore
was then immediately released from jail. (Doc. No. 6).
On January 9, 2019, Moore filed his notice of appeal, a
criminal docketing statement, and an affidavit of indigency.
(Doc. Nos. 8, 9, 10). However, Moore was later advised by the
trial court (by letter) of his lack of compliance with this
court's LocApp.R. 3 in failing to file a statement and
praecipe. (Doc. No. 9). Subsequently, Moore filed the
required praecipe pursuant to LocApp.R. 3(B) as well as a
motion to appear telephonically or via video conference.
(Doc. Nos. 13, 14). Moore also requested appointment of
appellate counsel, along with a motion to prepare the
transcripts of proceedings at state expense, and a motion for
On January 18, 2019, we journalized a judgment entry finding
that the motions for appointment of appellate counsel and for
the preparation of transcripts were not properly filed in the
trial court pursuant to Loc.App.R. 8(A), and therefore, both
motions were denied. (Doc. No. 15). We also found Moore's
motion for a delayed appeal was moot. (Id.).
On appeal, Moore asserts one assignment of error. For the
reasons that follow, we affirm the judgment of the trial
following is a request by said party, Ethan Moore, requesting
that said court(s) to set aside and reverse criminal
conviction and judgments related to Case No.
In his sole assignment of error Moore argues that we should
set aside and reverse his criminal conviction and judgments.
Specifically, Moore argues that he was not read his Miranda
warnings; that he had no presumption of innocence; that he
did not receive due process in that he had no fair and
impartial trial; that he had no right to prepare a defense;
that he had no right to counsel, to remain silent, to speak
to an attorney before arraignment; that his guilt was not
proven beyond a ...