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State v. Anderson

Court of Appeals of Ohio, Ninth District, Summit

December 18, 2019

STATE OF OHIO Appellee
v.
JEFFREY ANDERSON Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE Nos. CR-2018-04-1094 CR-2018-06-2046

          NEIL P. AGARWAL, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO GUEST, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          DONNA J. CARR, JUDGE.

         {¶1} Appellant, Jeffrey Anderson, appeals the judgment of the Summit County Court of Common Pleas. This Court reverses and remands.

         I.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} On appeal, Anderson raises two assignment of error.

         II.

         ASSIGNMENT OF ERROR I

         THE 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.

         {¶6} 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 ...


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