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State v. Beall

Court of Appeals of Ohio, Fifth District, Muskingum

September 5, 2019

STATE OF OHIO Plaintiff - Appellee
v.
PAUL W. BEALL Defendant-Appellant

         NUNC PRO TUNC

          CHARACTER OF PROCEEDING: Appeal from the Muskingum County Court of Common Pleas, Case No. CR2018-0227

         JUDGMENT: Affirmed

          For Plaintiff-Appellee D. MICHAEL HADDOX Prosecuting Attorney Muskingum County, Ohio By: TAYLOR P. BENNINGTON Assistant Prosecuting Attorney

          For Defendant-Appellant JAMES A. ANZELMO

          JUDGES: Hon. Patricia A. Delaney, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

          OPINION

          BALDWIN, J.

         {¶1} Defendant-appellant Paul Beall appeals his sentence from the Muskingum County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} 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.

         {¶3} 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.

         {¶4} Appellant now appeals, raising the following assignment of error on appeal:

         {¶5} "I. THE TRIAL COURT ERRED BY FAILING TO MERGE BEALL'S OBSTRUCTING JUSTICE OFFENSES, IN VIOLATION OF THE DOUBLE JEOPARDY CLAUSE OF THE FIFTH ...


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