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State v. Moore

Court of Appeals of Ohio, Third District, Henry

July 1, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
ETHAN P. MOORE, DEFENDANT-APPELLANT.

          Appeal from Napoleon Municipal Court Trial Court No. CRB1600005

          Ethan Moore, Appellant

          OPINION

          ZIMMERMAN, P.J.

         {¶1} Defendant-appellant, Ethan P. Moore ("Moore"), appeals the December 10, 2018 judgment entry of sentencing of the Napoleon Municipal Court. We affirm.

         {¶2} 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).

         {¶3} 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).

         {¶4} 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).

         {¶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).

         {¶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)[1] 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 delayed appeal.

         {¶7} 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.[2] (Id.).

         {¶8} On appeal, Moore asserts one assignment of error. For the reasons that follow, we affirm the judgment of the trial court.

         Assignment of Error

         The 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. 04-1801.

         {¶9} 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 ...


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