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CASE INFORMATION
CR-01-406023-ZA STAY

Docket Information

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