FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE Nos. CR-2018-04-1094 CR-2018-06-2046
P. AGARWAL, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO
GUEST, Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
J. CARR, JUDGE.
Appellant, Jeffrey Anderson, appeals the judgment of the
Summit County Court of Common Pleas. This Court reverses and
The instant appeal flows from separate indictments handed
down by the Summit County Grand Jury. On April 24, 2018,
Anderson was indicted on one count of harassment with a
bodily substance, one count of obstructing official business,
and one count of assault in Case No. 2018-04-1094. Anderson
pleaded not guilty to the charges at arraignment. The Summit
County Grand Jury returned a second indictment against
Anderson on July 6, 2018. In Case No. 2018-06-2046, Anderson
was charged with one count of kidnapping, one count of
escape, one count of assault, and one count of obstructing
official business. Anderson pleaded not guilty to these
charges as well.
The cases were combined for the purposes of trial and the
jury found Anderson guilty of the all of the charges in both
indictments. Prior to sentencing, Anderson filed a motion to
merge allied offenses of similar import.
After holding a sentencing hearing, the trial court issued
its sentencing entries in both cases on December 18, 2018. In
Case No. 2018-04-1094, the parties agreed that all of the
charges merged for sentencing purposes and the trial court
imposed a 12-month term of incarceration for harassment with
a bodily substance. In Case No. 2018-06-2046, the trial court
found that the count of escape merged with the count of
obstructing official business and imposed an aggregate
three-year prison sentence for the offenses in that case. The
trial court also specified that the sentences in Case No.
2018-04-1094 and Case No. 2018-06-2046 were to be served
concurrently for a total prison sentence of three years.
On appeal, Anderson raises two assignment of error.
OF ERROR I
TRIAL COURT IMPROPERLY IMPOSED A SENTENCE UPON DEFENDANT WHEN
IT WAS NOT MADE IN OPEN COURT, AND IMPROPERLY SENTENCED THE
DEFENDANT ON AN ALLIED OFFENSE WHEN THE STATE DID NOT ELECT
THE OFFENSE FOR WHICH DEFENDANT SHOULD BE PUNISHED.
In his first assignment of error, Anderson asserts that the
trial court erred when it set forth a one-year prison term of
escape in its sentencing entry in Case No 2018-06-2046 when
no sentence for that ...