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State v. Wilson

Court of Appeals of Ohio, Fourth District, Adams

July 22, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
MICHAEL P. WILSON, Defendant-Appellant.

          CRIMINAL APPEAL FROM COUNTY COURT

          Craig M. Jaquith, Assistant State Public Defender, Columbus, Ohio, for appellant[1]

          C. David Kelley, Adams County Prosecuting Attorney, and Kris D. Blanton, Adams County Assistant Prosecuting Attorney, West Union, Ohio, for appellee.

          DECISION AND JUDGMENT ENTRY

          PETER B. ABELE, JUDGE

         {¶ 1} This is an appeal from an Adams County Court judgment of conviction and sentence. After a trial to the court, a judge found Michael Wilson, defendant below and appellant herein, guilty of violating a protection order in violation of R.C. 2919.27. The court sentenced appellant to serve 180 days in jail. Appellant assigns one error for review:

ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED WHEN IT DID NOT INFORM MR. WILSON THAT HE HAD A RIGHT TO A JURY TRIAL, AND THAT HE WAS REQUIRED TO MAKE AN AFFIRMATIVE DEMAND FOR A JURY IF HE WANTED TO EXERCISE THAT RIGHT. CRIM.R. 5(A)(5). (AUG. 10, 2018, TR. 2)."

         {¶ 2} In May 2018, a court issued a domestic violence civil protection order against appellant, pursuant to R.C. 2919.26 and 3113.31, that required him to stay away from his father, step-mother and their property. On July 12, 2018, the Adams County Sheriffs Department filed a complaint that stated that appellant's step-mother alleged that appellant violated the protection order. At appellant's August 10, 2018 initial appearance, appellant pled not guilty and the court released him on his own recognizance. Appellant, however, failed to appear for his September 17, 2018 final pretrial conference. Consequently, on October 3, 2018 appellant was arrested. The matter was then set for a November 5, 2018 bench trial. When appellant appeared for trial, however, he tested positive for illegal drugs and the court remanded him into custody. The court then rescheduled the trial for November 16, 2018.

         {¶ 3} At trial, Tina Wilson, appellant's step-mother, testified that on July 8, 2018 appellant appeared on her property in the passenger seat of a black pickup truck. Wilson did not recognize the driver of the truck. Initially, Wilson noticed the two men outside of the truck while parked on a hill near Wilson's son's (Jesse) residence. After a few minutes, the two men got into the truck and the unidentified driver drove closer to Tina's home when she then informed appellant and the driver that the police were enroute. At that point, the two men left the area.

         {¶ 4} Adams County Sheriff s Deputy Dakota Parks testified that he took the complaint for the protection order violation from Tina Wilson and later contacted appellant to take a statement. Deputy Parks then advised appellant of his Miranda rights. Appellant acknowledged that he knew about the protection order, but claimed that he had not been on the property.

         {¶ 5} At trial appellant also testified on his own behalf. Appellant stated that, on July 8, 2018, he was at a friend's house and he did not visit the property in question.

         {¶ 6} After hearing the evidence and counsels' arguments, the trial court found appellant guilty of violating a protection order in violation of R.C. 2919.27, a first degree misdemeanor. The court sentenced appellant to serve 180 days in jail. This appeal followed.

         I.

         {¶ 7} In his sole assignment of error, appellant asserts that the trial court erred when it did not inform him, pursuant to Crim.R. 5(A)(5), that in a petty offense case (1) he had a right to a jury trial, and (2) he must make ...


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