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State v. J.M.S.

Court of Appeals of Ohio, Tenth District

August 22, 2019

State of Ohio, Plaintiff-Appellant,
v.
[J.M.S.], Defendant-Appellee.

          ON APPEAL from the Franklin County Court of Common Pleas, Nos. 15CR-2547, 15CR-2977

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Valerie B. Swanson, for appellant.

         Argued:

          Valerie B. Swanson.

          DECISION

          McGRATH, J.

         {¶ 1} Plaintiff-appellant, the State of Ohio, has filed an appeal from a judgment of the Franklin County Court of Common Pleas which granted the application to seal the record in two cases involving defendant-appellee, J.M.S., case Nos. 15CR-2574 and 15CR-2977. For the following reasons, we reverse the trial court's judgment.

         I. Facts and Procedural History

         {¶ 2} On May 27, 2015, the Franklin County Grand Jury indicted appellee in case No. 15CR-2574, charging him with theft, a felony of the fifth degree. On June 18, 2015, the Franklin County Grand Jury indicted appellee in case No. 15CR-2977 with another count of theft, a felony of the fifth degree. The cases were dismissed after appellee completed intervention in lieu of conviction.

         {¶ 3} On July 23, 2018, appellee filed an application to seal the record in both case Nos. 15CR-2574 and 15CR-2977. The state objected to the application arguing that appellee was ineligible to seal the records because he had a pending criminal proceeding case in the Franklin County Municipal Court. In case No. 2017CRB-025468, appellee was convicted of attempted violation of a protection order and placed on community control until May 24, 2020.

         {¶ 4} After a hearing, the trial court found that appellee did not have pending criminal proceedings even though he was on community control and granted the application to seal.

         II. Assignments of Error

         {¶ 5} The state filed a timely notice of appeal and assigns the following assignment of error for our review:

THE TRIAL COURT ERRED WHEN IT GRANTED DEFENDANT'S APPLICATION FOR SEALING, AS HIS CURRENT STATUS ON COMMUNITY CONTROL CONSTITUTES A PENDING CRIMINAL ...

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