State v. Wilson , 2019 Ohio 4200 ( 2019 )

[Cite as State v. Wilson, 2019-Ohio-4200.]
IN THE COURT OF APPEALS OF OHIO
SIXTH APPELLATE DISTRICT
WILLIAMS COUNTY
State of Ohio Court of Appeals No. WM-18-008
Appellee Trial Court No. 18CR000114
v.
Christopher M. Wilson DECISION AND JUDGMENT
Appellant Decided: October 11, 2019
*****
Katherine J. Zartman, Williams County Prosecuting Attorney,
and Stacey S. Stiriz, Assistant Prosecuting Attorney, for appellee.
Ian A. Weber, for appellant.
*****
PIETRYKOWSKI, J.
{¶ 1} This matter is before the court on appeal of the October 19, 2018 judgment
of the Williams County Court of Common Pleas which, following a jury trial convicting
appellant, Christopher M. Wilson, of vandalism, sentenced him to 11 months of
imprisonment.
{¶ 2} On appeal, appellant raises the following three assignments of error:
First Assignment of Error: The trial court abused its discretion by
not giving the defendant, Christopher Wilson jail time credit on his
sentence from June 19, 2018 until October 18, 2018 in violation of the
Equal Protection Clauses of the Ohio and United States Constitutions.
Second Assignment of Error: The appellant’s conviction for
vandalism is not supported by sufficient evidence.
Third Assignment of Error: The appellant’s conviction for
vandalism is against the manifest weight of the evidence.
{¶ 3} Before addressing the assignments of error, appellant notes that, through no
fault of his own, the trial in the matter was not transcribed due to a hard drive failure on
the first day of trial. This fact is conceded by the state and confirmed by the record. The
state further concedes that the conviction should be reversed and the matter remanded for
a new trial. Based on the foregoing, we find that appellant’s assignments of error are
moot.
{¶ 4} On consideration whereof, we reverse the October 19, 2018 judgment of the
Williams County Court of Common Pleas and vacate appellant’s conviction and
sentence. The matter is remanded for a new trial. Pursuant to App.R. 24, appellee is
ordered to pay the costs of this appeal.
Judgment reversed,
vacated and remanded.
2.
State v. Wilson
C.A. No. WM-18-008
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.
See also 6th Dist.Loc.App.R. 4.
Mark L. Pietrykowski, J. _______________________________
JUDGE
Arlene Singer, J.
_______________________________
Christine E. Mayle, P.J. JUDGE
CONCUR.
_______________________________
JUDGE
This decision is subject to further editing by the Supreme Court of
Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
version are advised to visit the Ohio Supreme Court’s web site at:
http://www.supremecourt.ohio.gov/ROD/docs/.
3.