Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Armbruster

Court of Appeals of Ohio, Ninth District, Summit

December 4, 2019

STATE OF OHIO Appellee
v.
JAMIE M. ARMBRUSTER Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE Nos. CR-2016-08-2979, CR-2015-03-0794, CR-2015-09-2902

          DONALD R. HICKS, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          HENSAL, JUDGE.

         {¶1} Jamie Armbruster appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} This is a consolidated appeal of three separate criminal cases: CR-2015-03-0794 ("First Case"), CR-2015-09-2902 ("Second Case"), and CR-2016-08-2979 ("Third Case"). In the First Case, a grand jury indicted Ms. Armbruster on counts for possession of heroin in violation of Revised Code Section 2925.11(A), (C)(6), illegal use or possession of drug paraphernalia in violation of Section 2925.14(C)(1), and possessing drug abuse instruments in violation of Section 2925.12. Ms. Armbruster moved for intervention in lieu of conviction ("IILC"), which the trial court granted. While in the IILC program, a grand jury indicted Ms. Armbruster in the Second Case on the same three charges as the First Case. The trial court terminated Ms. Armbruster from the IILC program and reinstated the First Case. Ms. Armbruster then pleaded guilty to all of the charges in the First and Second Cases.

         {¶3} The trial court sentenced Ms. Armbruster to 24 months of community control on each of the six counts, which it ordered to be served concurrently. The trial court also indicated that, if Ms. Armbruster violated the conditions of her community control, it would impose a total of 19 months of imprisonment for the First and Second Case.

         {¶4} Less than one year later, a grand jury indicted Ms. Armbruster in the Third Case on the same three charges. Ms. Armbruster pleaded guilty to the possession-of-heroin count, and the State dismissed the remaining two charges. The trial court sentenced her to 24 months of community control. The trial court advised Ms. Armbruster that if she violated the conditions of her community control, it could impose a prison term of 12 months, which it would run consecutively to the 19-month sentence from the First and Second Case, for a total of 31 months of imprisonment.

         {¶5} Ms. Armbruster later pleaded guilty to community-control violations in the First and Second Case. As a result, the trial court extended her community control for an additional two years. Shortly thereafter, all three cases were re-assigned to a new trial judge. After that, Ms. Armbruster pleaded guilty to community-control violations in all three cases, and the new trial judge modified her sentence in each case to 90 days in the Summit County Jail, to be served concurrently with each other. The trial court also extended her community control for another nine months.

         {¶6} The cases were then re-assigned to another (third) trial judge, and the State moved to set aside Ms. Armbruster's modified sentences. In doing so, the State argued that each case contained a conviction of at least one felony of the fifth degree, which is punishable by 6-12 months in prison. It argued that the prior trial judge, therefore, erred by imposing a 90-day jail term. The trial court granted the State's motion, holding that the prior orders modifying Ms. Armbruster's sentences were nullities because the trial court lacked jurisdiction to modify its sentences. Ms. Armbruster has appealed, raising one assignment of error for this Court's review.

         II.

         ASSIGNMENT OF ERROR

         THE TRIAL COURT ERRED IN GRANTING THE STATE'S MOTION TO SET ASIDE ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.