Friday, January 23, 2015

A REEALLY STUPID ATTEMPT BY LAPDOG "PUBLIUS" COLLIER, WHO IS CLEARLY NO ROCKET SCIENTIST!

Shown below is the TWENTY-FOURTH installment of the MOTION TO DISMISS WITH PREJUDICE ON THE GROUNDS OF PROSECUTORIAL AND JUDICIAL BAD FAITH AND MISCONDUCT, which LAPDOG "PUBLIUS" COLLIER and the Republicrats at the Medina County Courthouse, Mosque & Railroad Station do not want you, the citizens, to see.  You can cross-reference any exhibits to the List of Exhibits by "CLICKING" on the link shown directly below "PAGES" at the upper right-hand corner of the web page:



State v. David L. Reed, Medina Case No. 10CR0407

Mr. David Reed was indicted by the Medina County grand jury on August 18, 2010, charging him with two counts of trafficking in drugs(cocaine F-5) and one count of trafficking in drugs(crack cocaine F-4).  On May 13m 2011, Mr. Reed appeared before Judge Collier and entered a plea of “guilty” to two counts of trafficking in drugs (F-5).  On June 24, 2011, Mr. Reed appeared before Judge Collier for sentencing.  According to Mr. Reed, Judge Collier sentenced him to 12 months on Count I and 5 months on Count II, for an aggregate term of 17 months imprisonment.
On July 5, 2011, while still in the Medina County Jail and awaiting transfer to the Ohio Department of Corrections, Mr. Reed, Pro Se, filed Appeal of Sentence Due to Prosecutorial Misconduct and Other Errors at Sentencing.  In his motion, Mr. Reed raised the issue of his illegal sentence with Judge Collier, who sentenced him to 5 months on one of the two counts of conviction.  In his motion, Mr. Reed expressly stated:
I (David Reed) was sentenced to a term of 17 months for (2) F’5 Trafficking in Cocaine. I (David Reed) was sentenced to a 12 month & a five month prison term. 1 of my questions to the court is how can I be sentenced to 5 months when the law states that for F 5’s the minimum is 6 months? 

On September 19, 2011, while still in confinement, Mr. Reed, Pro Se, filed Motion to Amend Sentencing to Make it Conform to Original Sentence or to Vacate Journal Entry and Remand Matter for Resentencing With the Defendant Present.  In this motion, Mr. Reed again asserted that Judge Collier had sentenced him to 12 months on Count I and to 5 months on Count II, to be served consecutively.  Mr. Reed argues thusly:
Under the O.R.C. 2929.11 the sentences for F5 begin at 6 months and proceed by increments of 1 month to a maximum of 12 months. The sentence that was pronounce in open Court was later modified in the Sentencing Judment entry to bring it in line with the law.
.   .   .   .
In effect, Mr. Reed was resentenced without his being present or represented by counsel.  A Trial Court may not use a nunc pro tunc journal entry to correct an illegal sentence that it had imposed upon a defendant in the defndant’s presence.  The journal entry must be vacated and the defendant  must be brought back to Court for resentencing. “Columbus v. Rowland 440 n.e.2D1365,” “State v,. Cavllo No. 59282 8th Dist.,” State v. Walton 583 N.E. 2D 1106.”  Since the sentenced pronounced in open court was illegal it was required by law the (sic) Mr. Reed be present for any future sentencing and the Trial Court abused it (sic) authority in resentencing Mr. Reed withou his being present.  Moreover at the June 22, 2011 sentencing hearing the Trial Court failed in open court to impose a driver’s license suspension but later included it in the sentencing entry.

The State did not oppose Mr. Reed’s motion.  Judge Collier , in a September 20, 2011 Judgment Entry (the day after Mr. Reed filed his motion), Judge Collier quickly dispatched Mr. Reed’s motion with the following questionable language:
The defendant states that the sentencing judgment entry does not reflect the sentence that was stated in open court and on the record.  A review of the court transcript reveals that this is not true.

Mr. Reed has furnished an affidavit averring that Judge Collier, indeed, sentenced him to consecutive 12-month and 5-month sentences in open court.  Mr.Reed requested the transcript of his sentencing hearing from his appellate counsel in June 2014.  To the present date, his appellate counsel has not been forthcoming with his transcript.
On the strength of Mr. Reed’s affidavit, Judge Collier either materially altered the transcript, or the sentencing journal entry, or both.
Copies of Mr. Reed’s motions, Judge Collier’s September 20, 2011  Judgment Entry, and Mr. Reed’s affidavit are attached as Exhibit Twenty-Three.
 

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