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State v. Lopshire

Court of Appeals of Ohio, Third District, Allen

August 26, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
SHAWN LOPSHIRE, DEFENDANT-APPELLANT.

          Appeal from Lima Municipal Court Trial Court No. 18CRB01949 B2

         Judgment Affirmed in Part, Reversed in Part and Cause Remanded

          Andrea M. Brown for Appellant

          Anthony M. DiPietro for Appellee

          OPINION

          SHAW, J.

         {¶1} This appeal, having been placed on the accelerated calendar, is sua sponte being assigned and considered on the regular calendar pursuant to Loc.R. 12(1). Under the authority of Loc.R. 12(5), we have elected to issue a full opinion in lieu of a judgment entry.

         {¶2} Defendant-Appellant, Shawn Lopshire ("Lopshire"), appeals the March 7, 2019 Judgment Entry of Conviction Disposition of Sentence journalizing his conviction, after having entered a plea of no contest, to one count of disorderly conduct, in violation of R.C. 2917.11(A)(2), a minor misdemeanor. The trial court sentenced Lopshire to pay a fine of $75.00 and to complete 20 hours of community service within six months. On appeal, Lopshire claims that the trial court was without the authority to impose both a fine and a term of community service as a sentence for his minor misdemeanor conviction, and that the trial court's sentence constitutes an excessive fine in violation of the protections accorded to him under the Federal and Ohio Constitutions.

         Procedural History

         {¶3} On July 3, 2018, complaints were filed against Lopshire due to allegations arising from a dispute with neighbors concerning Lopshire's barking dogs. As a result, Lopshire was charged with one count of Criminal Trespass, in violation of R.C. 2911.21(A)(1), a misdemeanor of the fourth degree, and one count of Disorderly Conduct, in violation of R.C. 2917.11(A)(2), a minor misdemeanor.

         {¶4} On March 7, 2019, Lopshire entered a plea of no contest to one count of Disorderly Conduct. Upon recommendation of the prosecutor, the Criminal Trespass charge was dismissed by the trial court with prejudice. The same day, the trial court accepted Lopshire's no contest plea and found him guilty of Disorderly Conduct. The trial court imposed the following sentence:

         {¶5} IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THE DEFENDANT BE:

(X) Fined $75.00 and Court Cost.
(X) Successfully complete 20 hours of Community Service with the agency designated by the Lima Municipal Court Probation Department within 6 months.
(X) Other: THE COURT GRANTED THE DEFENDANT TO BE ABLE TO WORK WITH CHAINED EAGLES OF OHIO FOR HIS ...

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