Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No. 18 CR
PLAINTIFF-APPELLEE BILL HAYES LICKING COUNTY PROSECUTOR
DEFENDANT-APPELLANT JAMES A. ANZELMO ANZELMO LAW
William B. Hoffman, P.J Hon. John W. Wise, J. Hon. Patricia
A. Delaney, J.
Appellant Leslie J. McGuire appeals the judgment entered by
the Licking County Common Pleas Court convicting him of
vandalism (R.C. 2909.05(B)(1)) and sentencing him to one year
incarceration, to be served consecutively to the one year
sentence imposed for theft in an unrelated case, and
consecutively to 16 months incarceration imposed for
violation of post-release control Appellant was under at the
time of the offense. Appellee is the state of
OF THE FACTS AND CASE
In the instant case, Newark Police responded to a complaint
of vandalism at Goldies, located on Fifth Avenue in Newark,
Ohio. The owner of the business reported a skills machine had
been damaged and the money removed from the machine.
Appellant was identified by the owner as the person
responsible. Surveillance video showed Appellant using a tool
to pry open the machine. Appellant took the money which fell
from the machine, totaling $909, and left the building. In
addition to the amount of money taken from the machine,
Appellant caused $1082 in damage to the machine.
Appellant also was charged with theft from Rural King in
Heath, Ohio, in Case Number 18 CR 936. Appellant entered the
store and filled a cart with power tools and clothing. He
attempted to exit the store through a rear door without
paying for the items in the cart. Finding the door secured,
he left the cart in an aisle and exited through an unlocked
door in a maintenance area. Approximately one hour later,
Appellant retrieved the cart and exited through the
previously-discovered unlocked maintenance door. The value of
items stolen was $3, 144.76.
Appellant entered a guilty plea to both charges. As part of
the plea agreement, the parties jointly recommended "a
total of 12 months ODRC between this case and 18 CR 936,
State does not seek to impose any PRC time." Admission
of guilt form, February 21, 2019.
The case proceeded to a change of plea hearing. After
convicting Appellant in both cases upon his plea of guilty,
the trial court sentenced Appellant to one year on each
conviction, to be served consecutively, plus sixteen months
incarceration for violation of post-release control, to be
It is from the judgment of conviction and sentence in Case
No. 18 CR 853 Appellant prosecutes this appeal, assigning as
I. THE TRIAL COURT ABUSED ITS DISCRETION BY REJECTING THE
JOINTLY RECOMMENDED SENTENCE THE DEFENSE AND PROSECUTION MADE
PURSUANT TO MCGUIRE'S PLEA BARGAIN.
II. THE TRIAL COURT UNLAWFULLY ORDERED MCGUIRE TO SERVE
CONSECUTIVE SENTENCES, IN VIOLATION OF HIS RIGHTS TO DUE
PROCESS, GUARANTEED BY SECTION 10, ARTICLE I OF THE OHIO
CONSTITUTION AND THE FIFTH AND FOURTEENTH AMENDMENTS TO THE
UNITED STATES CONSTITUTION.
In his first assignment of error, Appellant argues the trial
court abused its discretion in rejecting ...