Proceeding Date Filing Date Side Type Description Image
10/02/2001 D CV NOTICE OF COMMITMENT AND CALCULATION OF SENTENCE, FILED.
ADMISSION DATE:09/21/01. JUDGE: GRIFFIN ..MGV 10/03/01 16:19 09/24/2001 D CV PAPERS/ONLY DELIVERED TO LORCI. ON 09/21/2001. ..RWS 10/01/01 13:21 09/21/2001 D CV DEFENDANT DELIVERED TO LORC. ON 09/21/2001. ..AD5 09/21/01 12:13 09/17/2001 09/20/2001 D CV JUDGMENT ENTRY OF SENTENCE SIGNED AND ORDERED FILED, OSJ. ..MAB 09/19/01 09:36
09/12/2001 09/19/2001 D CV DEFENDANT IN COURT WITH COUNSEL JOHN FATICA AND
PROSECUTOR JAMES GUTIERREZ. DEFENDANT APPEARS IN COURT TO START HIS PRISON SENTENCE. DEFENDANT'S SENTENCE IMPOSED ON AUGUST 30, 2001 IS ORDERED INTO EXECUTION, AND DEFENDANT SENTENCED TO 6 MONTHS AT LORAIN CORRECTIONAL INSTITUTION UNDER COUNTS 4 AND 5, CONCURRENTLY BETWEEN COUNTS. STATE'S REQUEST FOR AN AGREED FINANCIAL SANCTION IS DENIED. DEFENDANT PLACED ON 5 YEARS MONITORED TIME UNDER COUNTS 1, 2 AND 3 TO START UPON COMPLETION OF PRISON SENTENCE UNDER COUNTS 4 AND 5 WITH CONDITIONS: DEFENDANT IS TO PAY $800.00 IN RESTITUTION TO CVS AND THE AMOUNT OF RESTITUTION IS A JUDGMENT FOR CVS AGAINST DEFENDANT WITH INTEREST AT THE STATUTORY RATE; DEFENDANT TO PAY COURT COSTS IN CASH OR BY COURT COMMUNITY WORK SERVICE BEFORE RELEASE FROM SUPERVISION. UPON VIOLATION OF COMMUNITY CONTROL SANCTIONS, A PRISON TERM OF 5 YEARS WILL BE IMPOSED. DEFENDANT TO RECEIVE CREDIT FOR TIME SERVED OF 1 DAY IN COUNTY JAIL, TO DATE. ..KLS 09/17/01 09:11
08/30/2001 09/07/2001 D CV DEFENDANT IN COURT WITH COUNSEL JOHN FATICA. ON A
FORMER DAY OF COURT DEFENDANT ENTERED A PLEA OF GUILTY TO THEFT OF DRUGS (PC) RC 2913.02 F-3 SENATE BILL 2 AS CHARGED IN COUNTS 1, 2 AND 3 OF THE INFOMATION AND GUILTY TO THEFT OF DRUGS RC 2913.02 F-4 SENATE BILL 2 AS CHARGED IN COUNTS 4 AND 5 OF THE INFORMATION. DEFENDANT, PROSECUTOR AND OTHERS ADDRESS THE COURT. THE COURT CONSIDERED ALL OF THE REQUIRED FACTORS OF THE LAW. THE COURT FINDS THAT PRISON IS CONSISTENT WITH THE PURPOSE OF R. C. 2929.11. AS TO COUNTS 4 AND 5, THE COURT IMPOSES A PRISON TERM AT LORAIN CORRECTIONAL INSTITUTION OF 6 MONTHS AS TO EACH COUNT, COUNTS TO RUN CONCURRENTLY WITH EACH OTHER. ** EXECUTION OF PRISON SENTENCE STAYED UNTIL SEPTEMBER 12, 2001 AT 9:00 A. M. DEFENDANT ORDERED TO RETURN TO COURT ON SEPTEMBER 12, 2001 AT 9:00 A. M. TO START PRISON SENTENCE AND FOR HEARING ON $10,000.00 FORFEITURE ** POST RELEASE CONTROL IS A PART OF THIS PRISON SENTENCE FOR THE MAXIMUM PERIOD ALLOWED FOR THE ABOVE FELONY (S) UNDER R. C.2967.28. AS TO COUNTS 1, 2 AND 3, THE COURT FINDS THAT A COMMUNITY CONTROL SANCTION WILL ADEQUATELY PROTECT THE PUBLIC AND WILL NOT DEMEAN THE SERIOUSNESS OF THE OFFENSE. IT IS THEREFORE ORDERED THAT THE DEFENDANT IS SENTENCED TO 5 YEARS OF COMMUNITY CONTROL (MONITORED TIME) UNDER THE SUPERVISION OF THE ADULT PROBATION DEPARTMENT, STARTING UPON COMPLETION OF PRISON SENTENCE UNDER COUNTS 4 AND 5. VIOLATIONS OF THE TERMS AND CONDITIONS MY RESULT IN MORE RESTRICTIVE SANCTIONS OR A PRISON TERM OF 5 YEARS. DEFENDANT IS ORDERED TO REPORT TO THE ADULT PROBATION DEPARTMENT UPON RELEASE FROM PRISON. DEFENDANT IS TO PAY COURT COSTS IN CASH OR BY COURT COMMUNITY WORK SERVICE BEFORE RELEASE FROM SUPERVISION AND PAY STANDARD SUPERVISION FEE. DEFENDANT TO PAY $800.00 IN RESTITUTION TO CVS AND THE AMOUNT OF RESTITUTION IS A JUDGMENT FOR CVS AGAINST DEFENDANT WITH INTEREST AT THE STATUTORY RATE. ..KLS 09/04/01 11:58 08/28/2001 D CV DEFENDANT'S SENTENCING MEMORANDUM, FILED. ..LRE 08/29/01 10:59
06/28/2001 07/05/2001 D CV DEFENDANT IN COURT WITH COUNSEL JOHN FATICA.
PROSECUTING ATTORNEY JAMES GUTIERREZ PRESENT. DEFENDANT WAS ADVISED OF ALL CONSTITUTIONAL RIGHTS AND PENALTIES. DEFENDANT RETRACTS FORMER PLEA OF NOT GUILTY AND ENTERS A PLEA OF GUILTY TO THEFT OF DRUGS (PC) ORC 2913.02 F-3 AS CHARGED IN THE INFORMATION IN COUNTS 1, 2, AND 3; THEFT OF DRUGS ORC 2913.02 F-4 AS CHARGED IN THE INFORMATION IN COUNTS 4 AND 5. COURT FINDS THE DEFENDANT GUILTY. DEFENDANT AGREES TO FORFEIT $10,000.00 SEIZED BY POLICE AND TO MAKE $800.00 IN RESTITUTION TO VICTIM. THE DEFENDANT IS REFERRED TO THE COUNTY PROBATION DEPARTMENT FOR A PRE- SENTENCE INVESTIGATION AND REPORT. REPORTS TO BE RECEIVED BY AUGUST 20, 2001. STATE GOING TO HAVE NO OPINION AS TO SENTENCING. ORIGINAL BOND CONTINUED. SENTENCING SET FOR AUGUST 21, 2001 AT 9:00 A. M. ..JEB 07/02/01 10:36 04/26/2001 04/27/2001 D CV WAIVER OF INDICTMENT WITH COUNSEL. RECEIVED FOR FILING. ..CEK 04/26/01 12:11 05/31/2004 - UNKNOWN
04/26/2001 04/27/2001 D CV DEFENDANT FULLY ADVISED IN OPEN COURT OF HIS/HER
CONSTITUTIONAL RIGHTS. UNDER O.R.C. 2941.021, UPON BEING INFORMED OF THE NATURE OF THE CHARGE AGAINST HIM/HER, IN OPEN COURT WITH COUNSEL PRESENT, IN WRITING, DEFENDANT WAIVES PRESENTMENT TO THE GRAND JURY AND CONSENTS THAT THE CHARGE PROCEED BY INFORMATION. READING OF INFORMATION WAIVED TWENTY-FOUR HOUR SERVICE WAIVED. DEFENDANT PRESENT WITH COUNSEL. DEFN RETAINED JOHN A FATICA AS COUNSEL. DEFN PLEAD NOT GUILTY TO INFORMATION. JUDGE BURT W GRIFFIN ASSIGNED TO CASE. BOND SET AT 2,500 DOLLARS. BOND TYPE: CASH/SURETY/PROP. ADDITIONAL AMOUNT OF BAIL AS SET FORTH IN ORC. 2743.70 AND ORC. 2949.091 ..CEK 04/26/01 09:17