CRIMINAL APPEAL FROM COUNTY COURT
M. Jaquith, Assistant State Public Defender, Columbus, Ohio,
David Kelley, Adams County Prosecuting Attorney, and Kris D.
Blanton, Adams County Assistant Prosecuting Attorney, West
Union, Ohio, for appellee.
DECISION AND JUDGMENT ENTRY
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
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} 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
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
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.
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