State v. Barton

Annotate this Case

Download PDF

[Cite as State v. Barton, 2011-Ohio-4971.] COURT OF APPEALS RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsJEREMIAH BARTON Defendant-Appellant : : : : : : : : : : : JUDGES: Hon. Sheila G. Farmer, P.J. Hon. John W. Wise, J. Hon. Patricia A. Delaney, J. Case No. 10-CA-113 OPINION CHARACTER OF PROCEEDING: Appeal from the Richland County Court of Common Pleas Case No. 2002-CR-571 JUDGMENT: AFFIRMED DATE OF JUDGMENT ENTRY: September 21, 2011 APPEARANCES: For Plaintiff-Appellee: For Defendant-Appellant: JAMES J. MAYER, JR 0021148 Richland County Prosecutor 38 S. Park St. Mansfield, Ohio 44902 MELISSA PRENDERGAST 0075482 Assistant State Public Defender 250 E. Broad St., Ste. 1400 Columbus, Ohio 43215 BENJAMIN ELDER 0069358 Assistant Prosecuting Attorney (Counsel of Record) [Cite as State v. Barton, 2011-Ohio-4971.] Delaney, J. {¶1} Defendant-Appellant Jeremiah Barton appeals from the amended sentencing entry of the Richland County Court of Common Pleas, correcting an omission pursuant to State v. Baker (2008), 119 Ohio St.3d 197, 893 N.E.2d 163. The State of Ohio is Plaintiff-Appellee. STATEMENT OF THE CASE1 {¶2} On September 20, 2002, Appellant was indicted by the Richland County Grand Jury for one count of endangering children, a felony of the second degree, in violation of R.C. 2919.22(B)(1) (count one). He was also charged with one count of felonious assault, a felony of the second degree, in violation of R.C. 2903.11(A)(1) (count two). {¶3} The court ordered a presentence investigation and a forensic examination to determine Appellant s amenability to treatment. On November 15, 2002, Appellant pled guilty to the charges. On February 28, 2003, the trial court sentenced Appellant to five years in prison on the felonious assault to be served consecutively to a four year sentence on the child endangering. The trial court, however, reserved the four year sentence for future evaluation. Appellant was delivered to the Ohio Department of Rehabilitation and Corrections ( ODRC ) on March 5, 2003, to begin serving his five year sentence on the felonious assault. That sentence was set to expire on March 5, 2008. Appellant did not file a direct appeal of the trial court s February 28, 2003 sentencing entry. 1 A Statement of Facts is not necessary for determining this appeal. Richland County, Case No. 10-CA-113 {¶4} 3 On July 26, 2007, the trial court ordered Appellant to be conveyed from prison to the Richland County Jail. The court scheduled Appellant for pre-trial hearing on July 30, 2007. On October 3, 2007, the court then ordered another forensic exam. On October 30, 2007, the court held a sentencing hearing. By entry dated November 8, 2007, the trial sentenced Appellant to the four years on count one, consecutive to the five years previously imposed on count two. Appellant likewise did not file an appeal of the trial court s November 8, 2007 sentencing entry. {¶5} Appellant was then sent back to ODRC on November 9, 2007. The court granted Defendant 103 days credit for jail time served between July 30 and November 9, 2007. Appellant was never released from custody and was still serving his original five year portion of his sentence on count two when the sentence on count one was imposed. {¶6} On August 3, 2010, Appellant filed a Motion for Final Appealable Order, pursuant to State v. Baker (2008), 119 Ohio St.3d 197, 893 N.E.2d 163. On August 27, 2010, the trial court filed an Amended Sentencing Entry. The trial court s amended sentencing entry stated that on October 30, 2007, Appellant was convicted by admitting guilt and was sentenced to a four year term on count one and to a five year term on count two, and that the sentences were to be served consecutively. {¶7} Appellant raises two Assignments of Error: {¶8} I. THE TRIAL COURT ACTED WITHOUT AUTHORITY WHEN IT SENTENCED MR. BARTON TO PRISON IN 2007. FIFTH AND FOURTEENTH AMENDMENTS, UNITED STATES CONSTITUTION SECTION 10, ARTICLE I, OHIO CONSTITUTION. Richland County, Case No. 10-CA-113 {¶9} II. 4 TRIAL COUNSEL PROVIDED INEFFECTIVE ASSISTANCE OF COUNSEL, IN VIOLATION OF THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION AND SECTION 10, ARTICLE I OF THE OHIO CONSTITUTION. I & II {¶1} At this time, Appellant appears to raise two claims related to the sentencing entry of November 8, 2007. First, Appellant argues the trial court lacked jurisdiction to impose a sentence on count one because Appellant had already been released from serving his sentence on count two. Second, Appellant argues his trial counsel was ineffective for failing to object to the court exercising it authority to impose a sentence on count one. {¶2} At the outset, this appeal arises from the trial court s amended sentencing entry to include the language that he was convicted by admitting guilt and now appeals this entry; however, he does not limit his arguments to the entry with respect to his manner of conviction. We do not find this to be the intent of the Supreme Court in Baker. {¶3} The purpose of trial court s October 27, 2010 amended sentencing entry was to comply with Crim.R. 32 to identify the means of conviction . This Court has previously rejected review of assignments of error which attempt to raise additional issues that are not related to narrow function of including the manner of conviction. State v. Harris, 5th Dist. No. 10-CA-49, 2011-Ohio-1626. {¶4} Accordingly, Appellant s assignments of error are overruled. Richland County, Case No. 10-CA-113 {¶5} 5 For the foregoing reasons, the judgment of the Richland County Court of Common Pleas is affirmed. By: Delaney, J. and Wise, J. concur; and Farmer, P.J., dissents HON. PATRICIA A. DELANEY HON. SHEILA G. FARMER HON. JOHN W. WISE Richland County, Case No. 10-CA-113 6 Farmer, P.J., dissents {¶6} I respectfully dissent based upon the reasoning in my dissent in State v. Harris, Richland App. No. 10-CA-49, 2011-Ohio-1626. ________________________________ HON. SHEILA G. FARMER [Cite as State v. Barton, 2011-Ohio-4971.] IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsJEREMIAH BARTON Defendant-Appellant : : : : : : : : : : : JUDGMENT ENTRY Case No. 10-CA-113 For the reasons stated in our accompanying Memorandum-Opinion on file, the judgment of the Richland County Court of Common Pleas is affirmed. Costs assessed to Appellant. _________________________________ HON. PATRICIA A. DELANEY _________________________________ HON. SHEILA G. FARMER _________________________________ HON. JOHN W. WISE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.