State v. McCarty , 2012 Ohio 1721 ( 2012 )

[Cite as State v. McCarty, 2012-Ohio-1721.]
COURT OF APPEALS
KNOX COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. W. Scott Gwin, P. J.
Plaintiff-Appellee Hon. Sheila G. Farmer, J.
Hon. John W. Wise, J.
-vs-
Case No. 11 CA 14
CHAD D. McCARTY
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Criminal Appeal from the Mount Vernon
Municipal Court, Case No. 11CRB149
JUDGMENT: Reversed and Vacated
DATE OF JUDGMENT ENTRY: April 18, 2012
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
WILLIAM D. SMITH JOHN A. DANKOVICH
DIRECTOR OF LAW PUBLIC DEFENDER
P. ROBERT BROEREN, JR. One Public Square
ASSISTANT DIRECTOR OF LAW Mount Vernon, Ohio 43050
5 North Gay Street, Suite 222
Mount Vernon, Ohio 43050
Knox County, Case No. 11 CA 14 2
Wise, J.
{¶1} Defendant-Appellant Chad D. McCarty appeals his conviction and
sentence entered in the Mount Vernon Municipal Court on one count of Intimidation.
{¶2} Plaintiff-Appellee is the State of Ohio.
STATEMENT OF THE FACTS AND CASE
{¶3} On or about February 9, 2011, the City of Mount Vernon, Ohio
subpoenaed John Fisher to testify for the prosecution in a criminal case styled the City
of Mount Vernon, Ohio v. James A. Elkins, case 10TRC01583. The case was scheduled
to be tried to a jury on February 24, 2011.
{¶4} On February 15, 2011, at the request of Mr. Elkins, Appellant travelled to
Mr. Fisher's work place in Morrow County, Ohio and attempted to convince Mr. Fisher
not to appear and testify against Mr. Elkins through a variety of ploys.
{¶5} Mr. Fisher reported the contact to both the Office of the Knox County
Sheriff and the Office of Mount Vernon City Law Director, who requested that the Mount
Vernon City Police Department investigate the matter.
{¶6} As a result of such investigation, Appellant was arrested on February 16,
2011, and charged with one count of Intimidation, in violation of §2921.04(A).
{¶7} On March 23, 2011, Defendant filed a Motion to Dismiss for lack of
Jurisdiction.
{¶8} On March 25, 2011, the State filed a Motion in Opposition, and on March
29, 2011, Defendant filed a response.
{¶9} On April 6, 20 11, the Court entered judgment overruling Defendant's
Motion to Dismiss and finding that Mt. Vernon Municipal Court was the proper venue.
Knox County, Case No. 11 CA 14 3
{¶10} On June 6, 2011, Defendant changed his plea to no contest and was
found guilty of lntimidation by the trial court.
{¶11} Appellant now appeals, assigning the following sole error for review:
ASSIGNMENT OF ERROR
{¶12} “I. THE TRIAL COURT ERRED IN FAILING TO DISMISS THIS CASE
FOR LACK OF TERRITORIAL SUBJECT MATTER JURISDICTION.”
I.
{¶13} In his sole assignment of error, Appellant argues that the trial court lacked
subject matter jurisdiction in this matter and erred in not dismissing his case. We agree.
{¶14} More specifically, Appellant argues that the Mount Vernon Municipal Court
only has jurisdiction in Knox County, and that because the actions he allegedly took
which resulted in the Intimidation charge occurred in Morrow County, Mount Vernon
Municipal Court did not have subject matter jurisdiction over this matter.
{¶15} Pursuant to R.C. 1901.01(B), Territorial Jurisdiction:
{¶16} “The Mount Vernon municipal court has jurisdiction within Knox County.”
{¶17} Further, R.C. 2901.12 Venue, provides:
{¶18} “(A) The trial of a criminal case in this state shall be held in a court having
jurisdiction of the subject matter, and in the territory of which the offense or any element
of the offense was committed.”
{¶19} In this case, Appellant was charged with Intimidation of crime victim or
witness pursuant to R.C. 2921.04(A), which states:
Knox County, Case No. 11 CA 14 4
{¶20} “(A) No person shall knowingly attempt to intimidate or hinder the victim of
a crime in the filing or prosecution of criminal charges or a witness involved in a criminal
action or proceeding in the discharge of the duties of the witness.”
{¶21} The State argues that “duty” of the witness in this case, having been duly
subpoenaed, was to appear in the Mount Vernon Municipal Court to testify against
James Elkins. The State argues therefore that the element of “attempt to intimidate or
hinder” occurred in Knox County and Mount Vernon Municipal Court had subject matter
jurisdiction to hear this matter.
{¶22} We are not persuaded by the State’s argument. While it is true that the
case in which the witness was subpoenaed to testify is located in Knox County, the
witness was in Morrow County and the act of intimidation occurred in Morrow County.
We therefore find that Knox County lacked subject matter jurisdiction in this case and
that such matter should have been brought in Morrow County.
{¶23} Based on the foregoing, we find that the trial court erred in denying
Appellant’s Motion to Dismiss.
{¶24} The judgment of the Mount Vernon Municipal Court, Knox County, Ohio, is
hereby reversed, and Appellant’s conviction and sentence in this matter are vacated.
By: Wise, J.
Gwin, P. J., and
Farmer, J., concur.
___________________________________
___________________________________
___________________________________
JUDGES
JWW/d 0326
Knox County, Case No. 11 CA 14 5
IN THE COURT OF APPEALS FOR KNOX COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
CHAD D. McCARTY :
:
Defendant-Appellant : Case No. 11 CA 14
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Mount Vernon Municipal Court, Knox County, Ohio, is reversed.
Appellant’s conviction and sentence in this matter are vacated.
Costs assessed to Appellee.
___________________________________
___________________________________
___________________________________
JUDGES