State v. Walls, Unpublished Decision (9-15-2000)
State v. Walls, Unpublished Decision (9-15-2000)
Opinion of the Court
DECISION AND JUDGMENT ENTRY
This is a pro se accelerated appeal from a January 26, 2000 judgment entry of the Erie County Court of Common Pleas in which the court sentenced appellant, Heather E. Walls, to serve two separate eleven month terms in jail consecutively. Prior to the sentencing, appellant entered guilty pleas to one charge of theft, a violation of R.C.
Appellant has presented two assignments of error for review that are:
"ASSIGNMENT OF ERROR NO. 1
THE TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO MAKE THE FINDINGS REQUIRED BY SECTIONS
2929.13 (B) AND2929.14 (B)(C) OF THE OHIO REVISED CODE PRIOR TO IMPOSING WHAT AMOUNTS TO THE MAXIMUM SENTENCE
"ASSIGNMENT OF ERROR NO. 2
THE TRIAL COURT ABUSED ITS DISCRETION BY SENTENCING APPELLANT TO CONSECUTIVE SENTENCES WITHOUT MAKING A FINDING THAT GIVES ITS REASON FOR IMPOSING CONSECUTIVE SENTENCES AS REQUIRED BY SECTIONS
2929.14 (E)(4)(a) THROUGH (c) AND SECTIONS2929.19 (B)(2)(a) (c) [SIC] OF THE OHIO REVISED CODE"
For the reasons that follow, we find neither assignment of error well-taken.
First, we note that appellant's appeal is properly before this court, even though she did not comply with the requirement found in R.C.
"(C)(2) Leave to appeal consecutive sentences incorporated into appeal as of right. When a criminal defendant has filed a notice of appeal pursuant to App.R. 4, the defendant may elect to incorporate in defendant's initial appellate brief an assignment of error pursuant to R.C.
2953.08 (C), and the assignment of error shall be deemed to constitute a timely motion for leave to appeal pursuant to R.C.2953.08 (C)." See, also, State v. Albert (1997),124 Ohio App.3d 225 ,230 ; State v. Brown (July 20, 2000), Cuyahoga App. No. 76654, unreported; State v. Sanders (May 19, 2000), Cuyahoga App. No. 75398, unreported; and State v. Staats (Aug. 23, 1999), Stark App. No. 1977CA00350, unreported.
Appellant argues in support of her assignments of error that the trial court failed to make the findings required by the provisions of R.C.
The judgment of the Erie County Court of Common Pleas is affirmed. Appellant is ordered to pay the court costs of this appeal.
Melvin L. Resnick, J., James R. Sherck, J., JUDGES CONCUR.___________________ HANDWORK, J.
"If a transcript of proceedings is to be filed in accordance with App.R. 9(B), a copy of the notice of appeal with praecipe and docketing statement shall be served by the clerk of the trial court upon the court reporter. The appellant, however, shall be responsible for contacting the court reporter to order the transcript of proceedings. Appellant shall also be responsible for the filing of such transcript of proceedings with the clerk of the trial court in accordance with App.R. 9(B). The court reporter shall prepare those portions, and only those portions, of the transcript enumerated in the praecipe, subject to being made secure in the payment of his or her fees." (Emphasis added). Even though appellant is acting pro se, she is still held to the same rules and procedures as litigants who are represented by attorneys. See Meyers v. First National Bank (1981),
Case-law data current through December 31, 2025. Source: CourtListener bulk data.