Court of Appeals of Ohio, Fifth District, Muskingum
CHARACTER OF PROCEEDING: Appeal from the Muskingum County
Court of Common Pleas, Case No. CR2018-0227
Plaintiff-Appellee D. MICHAEL HADDOX Prosecuting Attorney
Muskingum County, Ohio By: TAYLOR P. BENNINGTON Assistant
Defendant-Appellant JAMES A. ANZELMO
JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin,
J. Hon. Earle E. Wise, J.
Defendant-appellant Paul Beall appeals his sentence from the
Muskingum County Court of Common Pleas. Plaintiff-appellee is
the State of Ohio.
OF THE FACTS AND CASE
On April 26, 2018, the Muskingum County Grand Jury indicted
appellant on one count of obstructing justice in violation of
R.C. 2921.32(A)(2), a felony of the third degree, and one
count of obstructing justice in violation of R.C.
2921.32(A)(5), also a felony of the third degree. At his
arraignment on May 2, 2018, appellant entered a plea of not
guilty to the charges.
Thereafter, on July 20, 2018, appellant withdrew his former
not guilty plea and entered a plea of guilty to both counts.
As memorialized in an Entry filed on October 26, 2018,
appellant was sentenced to twenty-four (24) months on each
count after the trial court denied appellant's oral
motion for merger of the two counts. The trial court ordered
that the sentences be served consecutively, for an aggregate
sentence of forty-eight (48) months in prison.
Appellant now appeals, raising the following assignment of
error on appeal:
"I. THE TRIAL COURT ERRED BY FAILING TO MERGE
BEALL'S OBSTRUCTING JUSTICE OFFENSES, IN VIOLATION OF THE
DOUBLE JEOPARDY CLAUSE OF THE FIFTH ...