The Ninth District Court of Appeals has recently reversed LAPDOG COLLIER for imposing an ILLEGAL SENTENCE in the case of State v. Stambaugh, Case No. 2013-Ohio-4558, found at the website of the Ninth District Court of Appeals at http://www.sconet.state.oh.us/rod/docs/pdf/9/2013/2013-ohio-4558.pdf
It seems that Mr. Stambaugh pled guilty to one count of forgery, a felony of the fifth degree, before LAPDOG COLLIER in LAPDOG'S KANGAROO COURTROOM NO. 1.
On January 23, 2008, LAPDOG sentenced Mr. Stambugh to 5 1/2 months confinement, followed by 5 years Community Control (Probation).
On September 12, 2009, Mr. Stambaugh found himself before LAPDOG COLLIER once again for "violating the conditions of sentencing," apparently by not paying his court fees, at least in part.
At that time, LAPDOG revoked Mr. Stambaugh's probation and sentenced him to NINE MONTHS IN PRISON predicated upon his original forgery conviction.
On October 29, 2012, Mr. Stambaugh was dragged before LAPDOG COLLIER once again for a hearing upon the request of the Bureau of Sentencing Computation to determine the amount of time Mr. Stambaugh had yet to serve on his nine month sentence. LAPDOG COLLIER, apparently miffed that he had to taken away from his usual and customary daily routine of ALTERING TRANSCRIPTS, imposed an amended sentence upon Mr. Stambaugh of one year imprisonment, as dictated to LAPDOG by Medina County ASS. PROSECUTOR SCOTT SLEAZEBURY.
Mr. Stambaugh appealed the illegal increased sentence of one year imprisonment imposed upon him by LAPDOG COLLIER on October 29. The Ninth District Court of Appeals agreed with Mr. Stambaugh.
FOLLOWING ARE EXCERPTS FROM THE OPINION OF THE NINTH DISTRICT COURT OF APPEALS:
{¶4} On November 1, 2012, the trial court issued a journal entry ordering Stambaugh
to serve a one-year prison sentence with credit for 165 days (five and one-half months) of time
served. The trial court made the sentence retroactive to the date of the probation violation
hearing. On November 5, 2012, Stambaugh, while acting pro se, filed a motion seeking 256
days of jail-time credit. It does not appear from the record that the trial court issued a decision
on Stambaugh’s motion. [AS USUAL!]
1 The record is devoid of any such request in writing from the Bureau of Sentence
Computation.
{¶9} In this case, the trial court’s September 26, 2012, judgment was a final order as it
contained all the pertinent provisions mandated by Criminal Rule 32(C). “Absent statutory
authority, a trial court is generally not empowered to modify a criminal sentence by
reconsidering its own final judgment.” Carlisle at ¶ 1. By increasing Stambaugh’s prison
sentence to one year, the trial court reconsidered and modified its own final judgment in
contravention of the Supreme Court’s holding in Carlisle. Id. [LAPDOG COLLIER] did not,
therefore,
November 1, 2012, judgment is vacated. The trial court’s September 26, 2012, judgment entry
remains valid. Stambaugh’s first assignment of error is sustained.
THIS MOST RECENT DECISION FROM THE NINTH DISTRICT COURT OF APPEALS DEMONSTRATES, ONCE AGAIN, THAT THE CITIZENS OF MEDINA COUNTY ARE STUCK WITH THIS BOOB, LAPDOG COLLIER BECAUSE OF A SWEETHEART DEAL BETWEEN MEDINA COUNTY DEMS AND PUBS EFFECTIVELY GRANTING LAPDOG COLLIER A LIFETIME APPOINTMENT TO THE MEDINA COUNTY COURT OF COMMON PLEAS AS LONG AS HE REMAINS SUBSERVIENT TO CORRUPT MEDINA COUNTY PROSECUTOR DINO HOEMAN.
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