State v. Jewell , 2020 Ohio 479 ( 2020 )

[Cite as State v. Jewell, 2020-Ohio-479.]
COURT OF APPEALS
LICKING COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
:
: Hon. William B. Hoffman, P.J.
Plaintiff-Appellee : Hon. John W. Wise, J.
: Hon. Patricia A. Delaney, J.
-vs- :
: Case No. 2019 CA 00023
:
JAMES A. JEWELL :
:
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Licking County
Municipal Court, 19CRB00298
JUDGMENT: REVERSED; JUDGMENT RENDERED
DATE OF JUDGMENT ENTRY: February 10, 2020
APPEARANCES:
For Plaintiff-Appellee: For Defendant-Appellant:
TRICIA M. MOORE JAMES JEWELL, PRO SE
Assistant Director of Law 633 E. Crest Dr.
40 West Main Street Heath, OH 43056
Newark, OH 43055
Licking County, Case No. 2019 CA 00023 2
Delaney, J.
{¶1} Defendant-Appellant James A. Jewell appeals his March 22, 2019
conviction and sentence by the Licking County Municipal Court for violation of a protection
order. The Plaintiff-Appellee is the State of Ohio.
FACTS AND PROCEDURAL HISTORY
{¶2} On February 4, 2019, the Licking County Court of Common Pleas, Domestic
Relations Division granted a petition for an ex parte civil protection order against
Defendant-Appellant James A. Jewell in Case No. 2019 DR 00114.
{¶3} On February 14, 2019, Jewell was charged with the violation of a protection
order, a misdemeanor of the first degree in violation of R.C. 2919.27. He entered a plea
of not guilty.
{¶4} On February 21, 2019, after the full hearing on the petition for civil protection
order, the Licking County Court of Common Pleas, Domestic Relations Division denied
the petition for the civil protection order.
{¶5} On March 12, 2019, the Licking County Court of Common Pleas, Domestic
Relations Division issued a Judgment Entry (Entry of Expungement), which ordered that
all official records pertaining to Case No. 2019 DR 00114 would be sealed and deleted,
so that all proceedings in the case were deemed to have not occurred. The ex parte
protection order and all records were ordered to be expunged and erased as a record.
{¶6} On March 22, 2019, Jewell entered a plea of guilty to the charge of violating
a protection order. The Licking County Municipal Court accepted the plea and sentenced
Jewell to 180 days in jail, suspended.
Licking County, Case No. 2019 CA 00023 3
{¶7} Jewell filed his Notice of Appeal of his conviction and sentence on April 19,
2019.
ASSIGNMENT OF ERROR
{¶8} Jewell raises one Assignment of Error:
{¶9} “THE TRIAL COURT ERRED IN GRANTING THE MOTION FOR
SUMMARY JUDGMENT OF DEFENDANT APPELLEE, JAMES JEWELL.
ANALYSIS
{¶10} In response to Jewell’s appeal of his March 22, 2019 conviction and
sentence for violation of a protection order, the State filed a Concession of Error on
October 7, 2019.
{¶11} The State concedes that Jewell’s sole Assignment of Error should be
sustained, stating in its Concession of Error:
The brief submitted by the appellant contained an order from domestic
relations court denying the full protection order and ordering the
expungement and deletion of the record “so that all other proceedings in
this case shall be deemed to not have occurred.” Judgment Entry (Entry of
Expungement) in case 2019 DR 00114. It also forbids the use of the records
by persons and entities listed in the entry. Id. The date on the entry is March
12, 2019, ten days prior to the appellant’s plea in this matter. Upon review
of the language in the entry, the defendant should not have been convicted
of the violation in this matter and the Appellee concedes the error.
{¶12} Based upon the State’s concession, we hereby sustain the Assignment of
Error and reverse the March 22, 2019 conviction and sentence by the Licking County
Licking County, Case No. 2019 CA 00023 4
Municipal Court for violation of a protection order. Pursuant to App.R. 12(B), we render
judgment that the February 14, 2019 charge against James A. Jewell for violation of a
protection order is hereby dismissed.
CONCLUSION
{¶13} The judgment of the Licking County Municipal Court is reversed and final
judgment rendered pursuant to App.R. 12(B).
By: Delaney, J.,
Hoffman, P.J. and
Wise, John, J., concur.
HON. PATRICIA A. DELANEY
HON. WILLIAM B. HOFFMAN
HON. JOHN W. WISE