DocketNumber: CT 2002-0043.
Judges: Boggins, J.
Filed Date: 4/9/2003
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 2} Appellee is the State of Ohio.
{¶ 4} A jury trial was held on August 27, 2002 and continued with deliberations on August 28, 2002. The jury returned a verdict of guilty of the lesser included offense of Intimidation of a Witness, a first degree a misdemeanor.
{¶ 5} On September 30, 2002, subsequent to a presentence investigation, Appellant was sentenced to six months in the local county jail. Appellant was also denied work release at that time.
{¶ 6} On October 16, 2002, the trial court filed its Judgment Entry of sentence.
{¶ 7} On November 12, 2002, Appellant filed his timely notice of appeal, assigning the following errors for review:
{¶ 12} The Ohio Supreme Court held in State v. Deem (1988),
{¶ 13} A crime is a lesser included offense of another crime when:
"(i) the offense carries a lesser penalty than the other; (ii) the greater offense cannot, as statutorily defined, ever be committed without the lesser offense, as statutorily defined, also being committed; and (iii) some element of the greater offense is not required to prove the commission of the lesser offense." Id.
{¶ 14} Based upon the clear meaning of this statute, it is not necessary for a criminal defendant to be formally charged with each lesser included offense of which he may be found guilty. By properly charging the greater offense the lesser charge is included by implication.
{¶ 15} In the case sub judice, Appellant was indicted under R.C.
"(B) No person, knowingly and by force or by unlawful threat of harm to any person or property, shall attempt to influence, intimidate, or hinder the victim of a crime in the filing or prosecution of criminal charges or an attorney or witness involved in a criminal action or proceeding in the discharge of the duties of the attorney or witness."
{¶ 16} Appellant was found guilty of R.C
"(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."
{¶ 17} Revised Code
{¶ 18} Appellant's first assignment of error is overruled.
{¶ 20} In the matter sub judice, appellant was found guilty and convicted of Intimidation of a Witness, a first degree misdemeanor. First degree misdemeanors are punishable by up to 180 days in jail and/or a $1,000 fine. The trial court sentenced appellant to the maximum sentence delineated in R.C.
{¶ 21} Revised Code
{¶ 22} Appellant's second assignment of error is overruled.
{¶ 24} Appellant has failed to cite any authority for this assignment.
{¶ 25} We find that the availability of work release is a discretionary decision for the trial court.
{¶ 26} Appellant's third assignment of error is overruled.
{¶ 27} The decision of the Muskingum County Court of Common Pleas is affirmed.
By: Boggins, J.; Farmer, P.J. and Hoffman, J. concur.