assistant prosecutor littner f ^ l-e© city prosecutor ...prior to the jury trial, reverend john...
TRANSCRIPT
IN THE SUPREME COURT OF OHIO
08-0914CITY OF CINCINNATISTATE OF OHIO
Plaintiff-Appellee
On Appeal from theCourt of Appeals,First Appellate District,Hamilton County, Ohio
vs.
GREGORY FLANNERY,
ELLEN DIENGER,
BARBARA WOLF,
and
MARY JEGEN,
Defendant-Appellants.
Court of AppealsCase Nos. C-070248
C-070249C-070250C-070251
MEMORANDUM IN SUPPORT OF JURISDICTION OF APPELLANTSGREGORY FLANNERY, ELLEN DIENGER, BARBARA WOLF, AND MARY
JEGEN
SARAH E. MOORHOUSE (0080568)Arenstein & Gallagher114 East 8th StreetCincinnati, Ohio 45202(513) 651-5666Fax. No. (513) 651-5688COUNSEL OF RECORD FOR APPELLANTS
ERNEST MCADAMS (0024959)City ProsecutorJay G. Littner (0037179P)Assistant Prosecutor801 Plum Street, Suite 226Cincinnati, Ohio 45202Telephone (513) 352-1565Fax. No. (513) 352-5217COUNSEL FOR APPELLEE, CITY OF CINCINNATI
F ^ L-E©MAY i ? 20Q6
ialaC9K (ir CnuRTSuPREMIE COUR4
TABLE OF CONTENTS
WHY THIS CASE IS OF PUBLIC OR GREAT GENERAL INTEREST, INVOLVES ASUBSTANTIAL CONSTPI'[1TIONAL QUESTION, AND WHY LEAVE TO APPEALSHOULD BE GRANTED . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Authorities:U.S. Const. Amend. VI .................................. .......................1State v. Jones, 1999 Ohio App. LEXIS 6026 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1Waller v. Georgia (1984), 467 U.S. 39, 104 S. Ct. 2210, 81 L. Ed. 2d 31 . . . . . . . . . . . . . . . . . . .2State v. Unger (1986), 28 Ohio St. 3d 418, 504 N.E.2d 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2State v. Sanders (1998), 130 Ohio App. 3d 92, 719 N.E.2d 619, appeal denied (1999), 84 OhioSt. 3d 1472, 704 N.E.2d 579 ......................................................2
PROCEDURAL POSTURE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Authorities:U.S. Const. Aniend. I ........................................................... 4R.C. 2901.01(A)(12) ............................................................4City of Clevelandv. Sundermeier (1989), 48 Ohio App.3d 204 . . . . . . . . . . . . . . . . . . . . . . . . . . 4City of Columbus v. Andrews (Feb. 27, 1992), 1992 WL 41243 . . . . . . . . . . . . . . . . . . . . . . . . . . 4City ofKettering v. Beny (1990), 57 Ohio App.3d 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
PROPOSITION OF LAW NO.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
THE FIRST DISTRICT COURT OF APPEALS ERRED BY FINDING THAT DIENGER,FLANNERY, JEGEN AND WOLF WERE NOT DEPRIVED THEIR CONSTITUTIONALRIGHT TO A PUBLIC TRIAL WHEN THE TRIAL COURT COMPLETELY CLOSED TIECOURTROOM TO THE PUBLIC.
Authorities:State v. Sanders, (1998) 130 Ohio App.3d 92; 719 N.E.2d 619; 1998 Ohio App. LEXIS 4425. 5
PROPOSITION OF LAW NO. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
THE FIRST DISTRICT ERRED WHEN IT FOUND SUFFICIENT EVIDENCE TO CONVICTELLEN DIENGER, GREGORY FLANNERY, SISTER MARY JEGEN AND BARBARAWOLF OF CRIlVIINAL TRESPASS. THE STATE FAILED TO PROVE EACH AND EVERYELEMENT OF THE CHARGED OFFENSE BEYOND A REASONABLE DOUBT.
Authorities:Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781 (1979) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7State v. Sorgee, 54 Ohio St.2d 264, 377 N.E.2d 782 (1978) . . . . . . . . . . . . . . 1.11 . . . . . . . . . . . 7State v. Smith (1997), 80 Ohio St.3d 89, 113, 1997 Ohio 355, 684 N.E.2d 668 .............. 7
R.C.2911.21 ..................................................................8State v. Newell (1994), 93 Ohio App.3d 609, 639 N.E.2d 513 . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Beachwood v. Cohen (1986), 29 Ohio App.3d 226 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8RC.2901.01(A)(12) ............................................................8City of Cleveland v. Sundermeier ( 1989), 48 Ohio App.3d 204 . . . . . . : . . . . . . . . . . . . . . . . . . . 8City of Columbus v. Andrews (Feb. 27, 1992), 1992 WL 41243 . . . . . . . . . . . . . . . . . . . . . . . . . . 8City ofKettering v. Berry (1990), 57 Ohio App.3d 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Issue Presented for Review .......................................................9
The State Failed to Prove Dienger. Flannery Jegen and Wolf Knowingly Remained onthe Land of Congressman Steve Chabot Without Privileae
Issue Presented for Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
The State Failed to Prove Dienger, Flannerv. Jegen and Wolf Knowingly Remained onthe Land of Congressman Steve Chabot Absent Necessity
Authorities:R.C.2911.21 .................................................................10R.C.2901.01(A)(12) ............................................................10City of Columbus v. Andrews (Feb. 27, 1992), 1992 WL 41243 . . . . . . . . . . . . . . . . . . . . . . . . . 10
PROPOSITION OF LAW NO. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
DIENGER, FLANNERY, JEGEN AND WOLF WERE DENIED THEIR CONSTITUTIONALRIGHT TO A FAIR TRIAL WHEN THE FIRST DISTRICT COURT OF APPEALS FOUNDTIHE JURY WAS PROPERLY INSTRUCTIONED ON NECESSITY.
Authorities:RC.§ 2945.11 ...............................................................11State v. Cotton (1996), 1996 Ohio App. LEXIS 3389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11R.C.2911.21 .................................................................11City of Columbus v. Andrews (Feb. 27, 1992), 1992 WL 41243 . . . . . . . . . . . . . . . . . . . . . . . . . 11City ofKettering v. Berry (1990), 57 Ohio App.3d 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PROPOSITION OF LAW NO. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
THE FIRST DISTRICT ERRED WHEN IT PRESUMED REGULARITY IN THESENTENCES OF DIENGER, FLANNERY, JEGEN AND WOLF.
Authorities:State v. Siemer, 2007 Ohio 4600; 2007 Ohio App. LEXIS 4142 . . . . . . . . . . . . . . . . . . . . . . . .13State v. Adams ( 1980), 62 Ohio St. 2d 151; 404 N.E.2d 144; 1980 Ohio LEXIS 710; 16 OhioOp.3d 169; 16 A.L.R4th 344 ......:............................................13
iii
Conclusion .............................................................. 14
Certificate of Service ................................. ...................... 14
Appendices, attached ...... Opinion and Entry of First District Court of Appeals,March28, 2008for Appellate Numbers C-070248, C-070249, C-070259, and C-070251
Judgment Entry 06/CRB/38496Judgment Entry 06/CRB/38497Judgment Entry 06/CRB/38498Judgment Entry 06/CRB/38499
iv
WHY THIS CASE IS OF PUBLIC OR GREAT GENERAL INTEREST, INVOLVES ASUBSTANTIAL CONSTITUTIONAL QUESTION, AND WHY LEAVE TO APPEALSHOULD BE GRANTED.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.'
Conscious of the notorious practices in Europe of an arrest, trial, sentence and imprisonment
with no public, no description of the proceedings, no media and no account of the case in court
records, the framers of the United States Constitution sought to shed light on the trial process to
allow for the fair, unprejudiced workings of the nation's judicial system by guaranteeing a
defendant the right to a public trial.
This case raises a substantial constitutional question because the right to a public trial is
fundamental yet simple. Very little analysis is needed to understand its clear mandate. Yet the
First District Court of Appeals seemed confused as it imposed on the Appellants the affirmative
duty to demonstrate, "that a courtroom is completely closed to all members of the public" before
error can be found. The First District erred when it held the Defendants to this standard and
found the Defendants had not affirmatively shown the courtroom was completely closed to all
members of the public.
The First District cited its decision in State v. Jones2 as controlling because the Peace
advocates had not shown the courtroom was completely closed. Yet this finding clearly
contradicts the trial court statement that the limit on the total number of people allowed in the
courtroom had been exceeded simply by the prospective jurors and the court would not stretch it
any further by letting any members of the public in.
The First District's decisions in Jones and this case raise an important and substantial
constitutional question. If the right to a public trial is so fundamental that a criminal defendant is
United States Amend. VI.2 1999 Ohio App. LEXIS 6026
1
not required to show specific prejudice to obtain relief from a violation, imposing an affirmative
burden as the First District did in Jones and here is improper.
No longer are the factors enumerated below important.3 Now a defendant must
demonstrate whether a courtroom was completely closed or only partially closed and if only
partially closed a defendant must create a detailed record with the actual number of public
permitted or excluded from the courtroom and why.
The peace advocates acted with privilege to engage their representative in a conversation
about ending a terrible war. Beyond the war debate, the State is still required to present
sufficient evidence to satisfy every element of criminal trespass and failed to do so. These
convictions raise a substantial constitutional question, the resolution of which is a question of
great public interest because there was insufficient evidence to find the Peace advocates
committed criminal trespass.
Procedural Posture
Ellen Dienger, Gregory Flannery, Sister Mary Jegen and Barbara Wolf are citizens, peace
advocates, peacemakers, and war protestors. When they refused to leave Unites States
Congressman Steve Chabot's Cincinnati office, they were forcibility removed and charged with
criminal trespass. Following a jury trial, each was found guilty of one count of criminal trespass
on March 13, 2007 4 Each was sentenced to one day in the Justice Center, costs, six month of
community control supervision and 20 hours of community service.5
3 See Waller v. Georgia (1984), 467 U.S. 39, 45, 104 S. Ct 2210, 2215, 81 L. Ed. 2d 31; State v. Unger (1986), 28Ohio St. 3d 418, 421-422, 504 N.E.2d 37, 40; State v. Sandas (1998), 130 Ohio App. 3d 92, 97-98, 719 N.E.2d 619,622-623, appeal denied (1999), 84 Ohio St 3d 1472, 704 N.E.2d 579.° T.d. 17a, 24a, 25a and 25a respectively.SId
2
Prior to the jury trial, Reverend John Rich, another peace advocate, pled no contest to the
charge of criminal trespass and was sentenced to one day in the Justice Center, costs and 20
hours of community service.b
The citizens appealed to the First District Court of Appeals. The First District affirmed
the conviction. See Appendix, March 28, 2008, Opinion and Judgment Entry of First District
Court of Appeals, attached.
Statement of the Case
On September 27, 2006, four heroic symbols of dissent, Ellen Dienger, Gregory
Flannery, Sister Mary Jegen and Barbara Wolf attempted to present a Declaration of Peace to
their legislative representative, Steve Chabot. The purpose of this Declaration was to help
engage Congress more immediately, more directly and hopefully more constructively in bringing
the war to an end. 7
The Declaration, already pending in Congress, was a list of specific legislation in support
of placing a timeline on troop withdrawal.8 With the support of a nation-wide effort, the
peacemakers approached Chabot's office to request a dialogue and hopefully his signature. 9
They did not expect lives to be saved the next day, but believed it could hasten the end of the
war io
They had tried for months to gain a response from Chabot. They voted, wrote letters,
made phone calls, e-mailed, held prayer vigils, hung banners, fasted and attended peace rallies.u
It was never enough. Everyday their efforts failed the casualties of war mounted. The moment
6 T.p. 13.' T.p. 451.8 T.p. 484.9 T.p. 405.lo T.p. 441-442." T.p. 399, 409, 462 and 489.
came when it was necessary to place the'u lives on the line if their nation was to survive its own
folly, if the casualties of war were to stop and peace was to return.12
Relying on the right to free speech, the right of the people peaceably to assemble, and to
petition the government for a redress of grievances,13 a representative constituent relationship1a
and necessity of preventing a greater harm; 15 the peacemakers entered Chabot's Cincinnati office
and requested a meeting.16 They were informed by Beth Bryan, the Congressman's scheduler,
that the Congressman was in Washington D.C." and it was unknown when he would return.ls
She further explained the Congressman could be in session until 2 A.M. She offered to fax the
Declaration to the Washington office and told the peacemakers Chabot was aware they were
present.19
Believing the Congressman was aware of their presence and the last legislative session
until January might last until 2 A.M., the peacemakers continued to wait for a response.20 As it
approached 5 P.M. Ms. Bryan asked the peacemakers to leave because she felt uncomfortable
leaving them alone in the office with access to files.21
Relying on Sister Mary Jegen's experience working for a congressional representative
they decided to wait. Sister Mary Jegen knew that while legislators are very busy, they often
come in and out of meetings for important things.22
12 T.p. 399, 409, 411, 441 and 485." U.S. Const. Amend. I.la RC. 2901.01(A)(12).'s City ofCleveland v. Sundermeier (1989), 48 Ohio App.3d 204, 207; Ciry of Columbus v. Andrews (Feb. 27, 1992),1992 WL 41243; City of Kettering v. Berry ( 1990), 57 Ohio App.3d 66, 68.16 T.P. 364.1vIa
ts T.p. 366,'9 T.p. 366.
T.p. 403.T.p. 467.
22 T.p. 495-496.
4
Eventually, Ms. Bryan called the police and asked the peace advocates to leave to avoid
being arrested.23 Having no indication Congressman Chabot had gone home for the night and
not in receipt of a response to their Declaration, they continued to wait 24 The police arrived at 8
P.M. and arrested the citizens for criminal trespass.25
PROPOSITION OF LAW NO.1
THE FIRST DISTRICT COURT OF APPEALS ERRED BY FINDING THAT DIENGER,FLANNERY, JEGEN AND WOLF WERE NOT DEPRIVED TIEIR CONSTITUTIONALRIGHT TO A PUBLIC TRIAL WHEN THE'TRIAL COURT COMPLETELY CLOSED THECOURTROOM TO TBE PUBLIC.
The Sixth Amendment to the United States Constitution and Article I, Section 10 of the
Ohio Constitution guarantee the right to a public trial. The right of the public to attend criminal
trials is also implicit within the guarantees of the First Amendment 26 Despite the First District's
belief, the right to a public trial is so important that a criminal defendant is not required to show
specific prejudice to obtain relief from the constitutional violation.27
In closing a trial proceeding, the court must consider (1) whether there is an overriding
interest that is likely to be prejudiced if the courtroom is not closed and (2) whether there are
reasonable alternatives available that will protect that interest yet preserve a defendant's
constitutional right to a public trial; in addition to making (3) an order that is not broader than
necessary to preserve the stated interest and (4) adequate findings to support the closure.Z$ The
trial court erred when it excluded all members of the public from the peace advocate's trial.
23 T.p. 369.24 T.p. 502-503.u T.p. 371 and State's Exhibit 1.26 State v. Sanders, (1998) 130 Ohio App.3d 92; 719 N.E.2d 619; 1998 Ohio App. LEXIS 4425 (citing State ex rel.The Repository, Div. ofThompson Newspapers, Inc. v. Unger (1986), 28 Ohio St 3d 418, 420, 28 Olrio B. 472, 504N.E.2d 37).Z' Id (citing Waller v. Georgia (1984), 467 U.S. 39, 49; 104 S. Ck 2210, 2217; 81 L. Ed. 2d 31).28 Id.
5
Members of the public attempted to enter the courtroom during voir dire.29 The trial
court refused all members of the public entry. Appellants objected to the exclusion of the public
under the Sixth Amendment to the United States Constitution and Article I, Section 10 of the
Ohio Constitution and suggested the trial be moved to an available, larger and unoccupied
courtroom.3o
The trial court explained its decision to exclude all members of the public from the trial
"because the State Fire Marshal has put a limit on the number of people that can be in this room,
and with all of the prospective jurors, we are already over that number, and I am not going to
stretch it any further."31 This clearly indicates on the record the only people in the courtroom
outside the parties and court staff were the prospective jurors. Appellants again requested the
trial be moved to the available spaces in the courthouse which could acconunodate a larger
audience.32 The trial court refuseid 33
On this record it cannot be said that even if the complete exclusion of the public was
necessary to protect an overriding interest such as occupancy limits, that there were no viable
altematives to the exclusion or the order was narrow enough to protect an overriding interest.
There were a number of larger courtrooms available for the trial courts use. The trial court failed
to consider available altematives, narrowly tailor the closure order or make the requisite
findings.
The First District Court of Appeals found the peace advocates failed to affirmatively
demonstrate the courtroom was completely closed to all members of the public. Not only is this
an improper burden, a niindful review of the proceedings demonstrates the burden was met and
Z' T.p. 133.30 Id.31 T.p. 134 (emphasis added).3z jd
"ra
6
every member of the public was excluded. As stated previously the limits on the number of
people had been excluded simply by all the prospective jurors and the court would not stretch it
any further by letting the any members of the public in.
PROPOSITION OF LAW NO. 2
THE FIRST DISTRICT ERRED WHEN IT FOUND SUFFICIENT EVIDENCE TO CONVICTELLEN DIENGER, GREGORY FLANNERY, SISTER MARY JEGEN AND BARBARAWOLF OF CRIlI4INAL TRESPASS. THE STATE FAILED TO PROVE EACH AND EVERYELEMENT OF THE CHARGED OFFENSE BEYOND A REASONABLE DOUBT.
Due Process requires "no person shall be made to suffer the onus of a criminal conviction
except upon sufficient proof."34 "The relevant question is whether, after viewing the evidence in
the light most favorable to the prosecution, a rational trier of fact could have found the essential
elements of the crime beyond a reasonable doubt."35 Since the claim of insufficiency invokes a
due process inquiry, it raises a question of law, the resolution of which does not allow the
reviewing court to weigh the evidence.36
Likewise, Ohio Crim. R. 29(A) provides "the court on motion of a defendant or on its
own motion, after the evidence on either side is closed, shall order the entry of a judgment of
acquittal of one or more offenses cbarged in the indictment, information, or complaint, if the
evidence is insufficient to sustain a conviction of such offense or offenses." The standard of
review for a denial of a Crim. R. 29(A) motion to acquit is the same as the standard of review for
sufficiency of the evidence.
The state's evidence was not sufficient to go to the jury or legally sufficient as a matter of
law to support the jury verdict.37 Even after viewing the evidence at the close of the State's case
34 Jackson v. Virginia, 443 U.S. 307, 316, 99 S. Ct 2781, 2787 (1979).3sld.at319.'6 State v. Sorgee, 54 Ohio St.2d 264, 377 N.E.2d 782 (1978).3' State v. Smith (1997), 80 Ohio St.3d 89, 113, 1997 Ohio 355, 684 N.E.2d 668.
7
in chief 8 and at the close of all evidence39 in a light most favorable to the prosecution, a rational
trier of fact could not have found the essential elements of the crime proven beyond a reasonable
doubt.40
Criminal trespassing requires the state to prove the peace advocates, without privilege to
do so, knowingly remained on the land of Congressman Steve Chabot "' Proof the accused was
without privilege to enter or remain upon the subject property is an essential element of
trespass.42 "Privilege" means an immunity, license, or right conferred by law, bestowed by
express or implied grant, arising out of status, position, office, or relationship, or growing out of
necessity.43
Necessity provides a justification or excuse for criminal conduct when the accused acts
under the force of extreme circumstances to prevent a greater harm from occurring. Because
necessity falls within the definition of privilege the state bears the burden of proving the essential
element of absence of necessity.44 The common-law elements of the defense of necessity are: (1)
the harm must be committed under the pressure of physical or natural force, rather than human
force; (2) the harm sought to be avoided is greater than (or at least equal to) that sought to be
prevented by the law defining the offense charged; (3) the actor reasonably believes at the
moment that his act is necessary and is designed to avoid the greater harm: (4) the actor must be
without fault in bringing about the situation; and (5) the harm threatened must be imminent,
leaving no alternative by which to avoid the greater harm.45
's T.p. 386-392.39 T.p. 514.40 SSnith, 80 Ohio St3d at 113.41 R.C. 2911.21.42 State v. Newell (1994), 93 Ohio App.3d 609,639 N.E.2d 513; Beachwood v. Cohen (1986), 29 Ohio App.3d 226,232.43 RC. 2901.01(A)(12) (emphasis added).44 Andrews, 1992 WL 41243.45 Sundermeler, 48 Ohio App.3d 204; Andrews, 1992 WL 41243; Ketterrng, 57 Ohio App.3d 66..
8
Issue Presented for Review
The State Failed to Prove Dienger Flannery Jegen and Wolf KnowinglXRemained onthe Land of Congressman Steve Chabot Without Privilege
The only evidence the state presented for the requisite "without privilege" was the
testimony of Ms. Bryan, Congressman Chabot's scheduler, and the police videotape. Both failed
to show that either Ms. Bryan or the police had the authority to revoke the citizens' privilege and
exclude them from the premises.
Ms. Bryan was the Congressman's scheduler and did not have authority to close the
office. She did not try to contact the Congressman on this day to get his authority to revoke their
privilege to be in his office.46 Nor did the State present the testimony of any stafl'with the
authority to close the office.47 Finally, the identified victim, Steve Chabot, did not testify he ever
revoked the privilege of his constituents to remain in his office or give his staff or the police the
authority to close the office.
Dienger, Flannery, Jegen and Wolf entered and remained on the land of Representative
Steve Chabot with privilege. Steve Chabot's office is a public place, paid for by taxpayer dollars
and used by a democratically elected representative of the people. The peace advocates had
privilege to enter and remain in Congressman Chabot's office through the guarantees of the First
Amendment of the United States Constitution, and their congressperson-constituent relationship.
The First District did not address the other manners in which privilege may arise in its
judgment entry. The appellate court focused their discussion of the argument of lack of privilege
on whether the citizens acted out of necessity. While the State failed to prove the citizens acted
without necessity, the State also failed to prove they were not acting through right conferred by
law, bestowed by express or implied grant, arising out of status, position, officer, or relationship.
T.p. 382.47 T.p. 374.
9
Issue Presented for Review
The State Failed to Prove Dienger Flannerv Jegen and Wolf Knowinglv Remained onthe Land of Congressman Steve Chabot Absent Necessity
The State presented no evidence Dienger, Flannery, Jegen and Wolf acted absent
necessity. Criminal trespass requires the state prove beyond a reasonable doubt Appellants acted
without privilege.48 Privilege can grow out of necessity.49 Therefore, the state is required to
prove Protestors acted absent necessity.50
Appellants presented testimony their actions grew out of necessity. They exhausted
every option available. They voted, wrote letters, made phone calls, e-mailed, held prayer vigils,
hung banners, fasted and attended peace rallies.51 Over 500 Iraqi lives and over 20 United States
soldiers were dying everyday.52 Veterans came back suffering Post Traumatic Stress Disorder
and depression and essential City of Cincinnati services were being reduced or eliminated as a
direct result of the funding used for the war in Iraq.53 The harm avoided by asking Congressman
Chabot to sign a Declaration of Peace is greater than the harm sought to be prevented by the
criminal trespass law.
Dienger, Flannery, Jegen and Wolf reasonably believed at the moment of their decision
to wait for Congressman Chabot their act was necessary to avoid continued human death. They
had made every attempt to meet and speak with Congressman Chabot and now were not
responsible for bringing about the situatiom The continued harm to Americans and Iraqis was
imminent, leaving no altemative by which to avoid the greater harm. It was the last day of the
'8 RC. 2911.21.49 RC. 2901.01(A)(12).so Andrews^ 1992 WL 41243.51 T.p. 399, 409, 462 and 489.12 T.p. 497.s' T.p. 394-395.
10
legislative session until January. If nothing was done on this day thousand of additional lives
would be lost.
The First District Court of Appeals and the trial court erred to the prejudice of Dienger,
Flannery, Jegen and Wolf by finding the evidence was legally sufficient to go to the jury or
legally sufficient as a matter of law to support the jury verdict of guilty.
PROPOSITION OF LAW NO. 3
DIENGER, FLANNERY, JEGEN AND WOLF WERE DENIED THEIR CONSTTTUTIONALRIGHT TO A FAIR TRIAL WHEN THE FIRST DISTRICT COURT OF APPEALS FOUNDTHE 7URY WAS PROPERLY INSTRUCTIONED ON NECESSITY.
In charging the jury, the court must state to the jury all matters of law necessary for the
information of the jury in giving its verdict.54 Reversible error occurs when the defendants are
prejudiced by the court's instruction.55 The Peace advocates were prejudiced by the court's
instruction in two ways.
First, the trial court, over Appellant's objection,56 instructed the jury "the exercise of a
moral judgment based upon individual religious or philosophical standards does not carry with it
legal justification or immunity from violating those reasonable restrictions by remaining on the
property „"
This instruction prejudiced Appellants by creating unnecessary confusion in the jury's
ability to ascertain the existence of privilege and necessity. The state had the burden of proving
lack of privilege58 and absence of necessity.59 The instruction conveys to the jury there can be
54 RC. § 2945.11; State v. Catton (1996), 1996 Ohio App. L,EXIS 3389.5s Cotton, 1996 Ohio App. LEXIS 3389 (citing RC. 2945.83(D); Crim.R 33(E)(4)).56 T.p. 528.57 T.p. 607.58 RC. 2911.21.59 Ancirews, 1992 WL 41243.
11
no moral, religious, or philosophical basis for remaining on property in an effort to exercise First
Amendment rights.
While Appellants acted with privilege and out of necessity they also acted out of their
moral, religious and philosophical beliefs. Acting with privilege and out of necessity and moral,
religious and philosophical beliefs are not mutually exclusive. This instruction prejudiced
Appellants' right to a fair trial by creating unnecessary confusion.
Second, the trial court, over Appellant's objection,60 instructed the jury "Necessity exists
only when the act of remaining on the premises is done first, under the pressure of harm from a
physical or natural forces such as a storm or contagious disease and not when the harm sought to
be avoided arises from human conduct such as govemmental policy."61 These instructions
prejudiced Appellant's right to a fair trial by incorrectly stating the law and creating unnecessary
confusion.
The trial court commented the definition of necessity is derived from Kettering62 which
specifically comments on the harm arising from human conduct.63 However, the trial courts and
the First District's extension of Ketterfng to a political protest case is improper and incorrect.
Kettering addressed the use of a necessity defense in criminal trespass charges resulting from
abortion protests.64 Nowhere in the opinion from the Second Appellate District does it establish
the harm sought to be avoided cannot arise from governmental policy.65
The instruction relieved the state of its burden to prove the absence of necessity. It
prevented the jury from properly considering necessity within the definition of privilege by .
60 T.p. 528.61 T.p. 607.62 Kettering, 57 Ohio App. 3d 66.63 T.p. 529-530.6" Kettering, 57 Ohio App. 3d 66.6' ia
12
essentially instructing the jury necessity was unavailable because Dienger, Flannery, Jegen and
Wolf were protesting the Iraq war, a government policy.
PROPOSITION OF LAW NO. 4
THE FIRST DISTRICT ERRED WHEN IT PRESUMED REGULATIRY IN THESENTENCING OF DIENGER, FLANNERY, JEGEN AND WOLF.
The severity of a sentence imposed in conformity to the law by the trial court cannot
stand if it is an abuse of discretion.66 An abuse of discretion connotes more than an error of law
or of judgment; it implies that the court's attitude is unreasonable, arbitrary or unconscionable."67
The imposition of a more severe sentence on the Dienger, Flannery, Jegen and Wolf because
they exercised their constitutional right to a trial by jury was unreasonable, arbitrary and
unconscionable.
Prior to the jury trial, Reverend John Rich pled no contest to the charge of criminal
trespass and was sentenced to one day in the Justice Center, costs and 20 hours of cortununity
service through the probation department.68 On March 13, 2007, after exercising their
constitutional right to a trial by jury and being found guilty of the same charge with the same
facts as Reverend Rich; Dienger, Flannery, Jegen and Wolf were sentenced to one day in the
Justice center, costs, six month of community control supervision and 20 hours of community
service.69
There was no basis for the trial court to impose six months of conununity control
supervision on Dienger, Flannery, Jegen and Wolf and not on Reverend Rich. Each Appellant is
an upstanding member of society, fully employed with no prior records. The only apparent
66 State v. Siemer, 2007 Ohio 4600; 2007 Ohio App.1.EXIS 4142 (citing SYate v. Williams (1982), 7 Ohio App.3d160, paregraph two of the syllabus).6' Stata v. Adams (1980), 62 Ohio St. 2d 151; 404 N.E.2d 144; 1980 Ohio LEXIS 710; 16 Ohio Op. 3d 169; 16A.L.R4th 344`' T.p. 13,69 T.d. 17a, 24a, 25a and 25a respectively.
13
difference between Rich and Appellants is Rich pled and the Appellants exercised their
constitutional right to trial by jury. The trial court abused its discretion by imposing a trial tax on
Dienger, Flannery, Jegen and Wolf, impermissibly punishing them for exercising their
constitutional right to a trial by jury and the First District erred by presuming regularity despite
language of clearly different sentences.
CONCLUSION
Based on the foregoing, Ellen Dienger, Gregory Flannery, Sister Mary Jegen and Barbara
Wolf requests this Court accepts jurisdiction and grant leave to appeal.
Respectfully subnritted,
kav^ J ^ uo^k " waka&.4-g- ^^(o"Ravert J. Clark (0042027) t William R. Gallagher (0064683) ^114 East 8a` Street Arenstein & GallagherCincinnati, Ohio 45202 114 East 8's StreetTelephone: (513) 587-2887 Cincinnati, Ohio 45202Telecopier: (513) 621-2525 Telephone: (513) 651-5666
Telecopier: (513) 651-5688
p"t,'1aO ^^E. Moorjibu (0080568)
Arenstein & ryallagher114 East 8's StreetCincinnati, Ohio 45202Telephone: (513) 651-5666Telecopier: (513) 651-5688
SC61X Pl-Scott R an Nazzarine (0079819)ySirkin, Pinales & Schwartz LLP105 West Fourth Street, Suite 920Cincinnati, Ohio 45202Telephone: (513) 721-4876Telecopier: (513) 721-0876
CERTIFICATE OF SERVICE
I certify a copy of the foregoing Memorandum in Support of Jurisdiction was served on
City of Cincinnati Prosecuting Attomey on thew8 day of May, 2008, by United States mail.
ho 1se (0080568)
14
IN THE COURT OF APPEALS^n77704R(.t*
FIRST APPELLATE DISTRICT OF OHIO
HAMILTON COUNTY, OHIO
CTFY OF CINCINNATI, APPEAI. NOS. C-070248C-a7o249
PlaintifF Appellee, . C-070260C-070251
VS.
GREGORY FLANNERY,
ELLEN DIENGER,
BARBARA WOLF,
and
MARYJEGEN,
Defendants-Appel lants.
Criminal Appea]s From: Hamilton County Municipal Court
Judgments Appealed From Are: Affirmed
Date of Judgment Entry on Appeal: March 28, 2008
MAR 2 8 ZU08
COURT OF APPEALS
Julia L. Mc1Vei1, City Solicitor, Ernest F. McAdams, Jr., City Prosecutur, and Jay G.Littner, Assistant City Frosecutor, for Plaintiff-Appellee,
Wilfiam R. Gallagher, Sarah E. Moorhouse, Ravert J. Clark, and Scott RyanNazzarine, for Defendants-Appellants.
TRIAL NOS. o6CRE-38496o6CRB-38497o6CRB-3849806CRB-38499
DECISION.PRESEIYFED TO THE CLERK
OF COURTS FOR F1UNG
Note: We have removed this case from the accelerated caiendar.
OI3IO FIRST DISTRICT COLJRT pF APPEA.IS
HJElvnox; Judge.
{¶I} Appellants were war protestors. Each refuserl, to leave United States
Congressrnan Steve Chabot's Cincinnati office morethan two hours after it had been
dosed to the public on the grounds that they ivanted Chabot to sign the "Declaration of
Peace," a document-expressing support for a speedy end to thc war in Iraq. Chabot was in
Washington, D.C., at the time.
M2} Before caâing the police to forct'6ly remove the protestors, a member of
Chabot's staff warned the group that the office closed to the public at 5:0o p.m. and asked
them to leave several times. The police arrived around S:oo p.ni. and arrested.the
protestors.
{¶3} Following a jury trial, each was found guilty of one count of criminal
trespass. T'he trial court sentenced each appellant to one day in jail, with credit for time
served, 2o hours of conununity service, and six months' community control. This appeal
followed.
State of the Evidence
(14) In their first and fifth assignments of error, appellants assert that their
convictions were against the weight and sufficiency of the evidence. They ivere not.
(15) The criminal-trespass statute provides, "No persori, without privilege to do
so, shall "** knowingly enter or remain on the land or premises of another.°, Appellants
assert that the state failed to prove a lack of privilege.2 "Privilege" is defined as "an
immunity, license, or right conferred by law, bestowed by express or implied grant, arising
out of status, position, ofFice, or relationship, or growing out of necessity."3
RC. 2911.12(A)(1).2 See State v, Elstun, ist Dist. No. C-1o4o3, 2002-Ohio-2o98; Sfate v. Newell (1994), 93 OhioApp.3d 6og, 611, 639 N.E.2d 513•s RC. 2901.01(B)(12).
2
OHIO FIRST DISTRICT COURT OF APPEALS
{16} '. AppeDants specifically assert that they were privileged to remain in
Chabot's office out of "neeessity" because they were attempting to end the war in Iraq: In
part, "necessity" excusps a criminal act where the harm that would result from compliance
with a law is greater, or at least equal to, the harm that would result from violating that
law.4 Where the harm sought to be avoided is created by human conduet, as in this case,
that harm must be recognized a.s illegal. Moral objection to human conduct does not
auffiee.5
{¶7} The state presented evidence that the protestors had remained in Chabot's
office after it had closed to the public because they were morally opposed to the war and
believed that they could hasten its end. But the harm the protestors sought to, avoid was
not a "legal" hartit because the war was not shown to be iIlegal. We therefore hold that the
evidence was ettRicient to support the protestor's convictiona.6 We_ also hold that the
convictions were not against the weight of the evidence? Even if we accept the protestors'
belief that their actions were justifted, the sincerity of this belief did not create a privilege
to engage in otherwise crimiiial conducts These assignments oferror are overruled.
Public'Irial vs Overcrowded Couwlroom
{¶8} In their second assignment of error, appellahts claim that they were denied
their consdtttfiortal rights to a public trial when the trial court closed the courtroom. This
argument has rio merit.
{¶9} Defense counsel objected to the fact that four members of the public could
not enter the courtroom during voir dire. The trial court responded that the number of
4 See Columbus v. Spingola (2ooi), 144 Ohio App.3d 76, 83; 759 N.E.2d q7g.5 See Kettering v. Berry (1990), 57 Ohio Ap .3d 66, 68-69, 567 N.E.2d g16; Akron v. Detwiler(J5, ig9o) , 9th Dist No. iq385• Cf FairJpield Commons Condominium Assn, u. Stasa (tg8g),07 App. 3d ^t, 22 go6 N.E 2d 237; State v. Ra(June 20, t99 4th Dist No. 1873
ing that eeonomic need does not create a necessity defense to cha rges of grand theft).6 8ee State u. Jenks (1991 ), bt Ohio St.3d 259 574 N.E.2d 492, paragraph two of the syllabus.^ S. State u. Thompkins, 78 Ohio St.3d 380, 387,1997 Ohio-52, 678 N.E.2d 541; State v. Mortin(198g), zo Ohio Ap p .gd 1y2, r75. 485 N.E.2d 7i7.B See Berry, supra; Detun'ler, supra; and Fairfield Gbmmons Condaminium Assn., supra.
3
OHIO FIRST DISTRICT COURT OF 1iPPEAIS
people in the courtroom would have exceeded the capacity set by the fire code if these four
entered, and it denied them entrance. The record does not affirmatively demonstrate, as
appellants seetn to argue, that the courlroom was completely closed to all members of the
public. We therefore find State v. Jones9 to be controlling. In that case, two members of
the public could not attend the defendanYs trial because of limited seating in the
courtroom. This court held that the right to a public trial does not include the right to have
every interested person present, especially when a few members of the public are
excluded due to safety regulations. This case presents a similar scenario. We hold
that the courtroom was not "dosed" in a constitutionat sense and overrale appellants'
second assignment of error.
Privilege andNecesdty
{110} In their third, assignment of error, appeIlant.s contend that the jury was not
properly instructed on privilege and necessity. Appellants objected to the instructions
(i) that necessity could not exist where the harm soilght to be avoided by a criminal
act "arises from human conduct such as governmental policy," and (2) that the
"exercise of a moral judgment based upon individual religious or philosophical
standards° does not create.a privilege.
{111) Whether juty instructions con•ectly state the law is a question of iaw that
we review de novo.'O Here, the trial court based its instructions on language from
Kettering v. Berry,ll a criminal-tzespass case involving abartion protestors and a clann of
necessity. In Berry, the court determined that a defendant's moral conviction that
abortion killed babies comlild not serve as the basis for a"necessity" to trespass. because
abortion was not illegal. Berry did not explicitly state that "government policy" could.not
9(Dec. 17,1999),1st Dist. No. C-980294. .s" See State v. Calderon, ioth Dist. No. oSAP-it51, 2007-Ohio-377,.at ¶55; Burns v. PrudentialSecurities, Inc., 167 Ohio App.3d 8og, 2oo6-Ohio-355o, 857 N.E.2d 621, at 941.v See Berry,sapra. -
4
OHIO FIRST ALSTRICP COURT OFAPPF.ALS ,
form the basis for a claim of necessity. But the trial courPs interpretation of Beriy was
reasonable. Bernjs central holding was that the harm sought to be avoided in a case of
"neoyssity" must he a IegaIIy recognized harm, where that,harm has been created by
human conduct. We therefore hold that the challenged jury instructions were proper
statements of the law. The third assignment of error is overruled.
T'rial Tax?
{V12} In their fourth assignment of error, appellants c]aim that their sentences
were unjust because they were more severe than that of another protestor who had
entered a no-contest plea to the charge of eriminal trespass. Appellants assert that they
suffered a"trial tax." But the other protestot's judgment of conviction is not a part of this
record on'appeal. And without all portions of the record necessary to resolve the assigned
error, we presume the regularity of the proceedings below.1= We overrule appellants'
fourth assignment of error.
{113} The judgments of the trial court are affirmed..
PAIlnLx, P.J., and CUN1vIIVGAAM, J., concur.
Piease Note:
The court has recorded its own entry on the date af the release of this decision.
Knapp v. Edwards Laboratories (ig8o), 61 Qbio St.2d i97, qoo N.E.2d 04;
5
.YMEPIT DATEt.
.CEIPT IJO:_
VF,:
)STS 85- 00
)NCAR / J `
tTFEES: -7/ ^-J0
IRY I^LES; 2.7-f - 00
D. FEES:
N FFE:
MV FEE:
DTAL 1'AID:
PRE-ROLL: STOCFCDALZ/unv..,,.JACTIVATE DATE: 09/28/2006
CASE: /06/CRB/38496 COMM. CONTROLVIOL.:
DEFENDANT: WOLF/BARBARACTLNO:721086 TICKET:
SEC. VIOL: 2911-21 ORCUCHARGE: CRIMINAL TRESPASSARREST DATE: 09/27/2006JMS NUMBER:SEX: F D.O.B.04/25/1941DEF. COUNSEL: GAI.LAGHER/WILI,IAM/RPROS. WIT: PO/DOWNING
i N
M4
IN'O Tt•IE SHERIFF OF HAM[LTON COUNTY, GTLEErINGS: tL'hen: as, the ebove def8ndent was arrested and charged with the above section number. For gaod causehown, the dcrendant is ordered to give bail in the sum indicated beiow. You are, therefate, commanded to receive the dekndant into yourcustody until the trial date, or untilidsho gives bail as ordered. Or, whereas, the above defendant, having been tried and convicted of said charge(s) is sentenccd, as indicated betow. Therefore, we command youo receive the dcrcndant into your custody, them to remain until he/she has fully esecuted the terms of the sentence, or until otherwise discharged by due course of law.
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arraigrtment - Probable cause to hold demonstrated O YrS O Ko
ORi $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10"/o per Crini.R.46(A)(2( or (3)$ Secured Bond per Crim.R,46(A.)(3) Onty
Conditions:
ACM 14-1 7-p 7 ql 'LU ^090
4-17-AV
Date The decision of the magistrate is adopted and the recommendad sentence is enteredas the judgment of the court_
JUDGE
JOURNAL ENTRY- CO4U71TMENT/SEtiTENCE
PRE-ROLL: STOCRDALE/DAVID/C
cASE: / 06/CRS/38496
DEFENDANT: WOLF/BARBAF2ACTLNO: 721086 TICKET:
SEC.VIOL: 2911-21 ORCN
CHARGE: CRIMINAL TRESPASS
ARREST DATE: 09/27/2006JMS NUMBER:
144
(chcck if applicable)
©M.4GIS i RATE'S DECISION
SEX: F D.O.B. 04/25/1941DEF. COUNSEL: GALLAGHER/WIIS:IAM/R
PROS. WIT: PO/DOWNING
PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:
TOTHESHERIFF OF W+MILTON COUNTY, GREETIbIGS:Whereas, the above defendantwas arrested and ehzrged with the above section number. Wherras, the above defendant, having been tdedand convicted of said chargc isscntenead, as indicated below. Therefore, we command you to reaeive the dekndant into your custody, there to remain unt8 helshe has fully ezeeuted tho terms of these:ntcnce, or until atherwise discharged by due course of law.
DAYS: SUSP: CREDIT TIME: _ STAY:
FINE: REMIT: SUSP: STAY:.
COSTS: REMIT: SUSP STAY:
O COMMUNITY SERVICE IN LIEU OF FINES
L.ANGUAGE INTERPRETER FEE:
CCf11iMUNITV CONTROL: DAYSfi7QS/YBS. PAYTHRU:
O FINES AND DAYS CONCURRENTq COMMIT q TURNING POINTO CONSECUTIVE q NOT E•LIGIDLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR IO EXTENDED TREATM6NT0 REWARDS JAD.INTERVEN77ON FOR WOMFNq ANY TREATMENT IF ELIGIBLE17 OTHER
DRIVING CONDITfONS: DRIVING SUSPENSION: DAYS/MOS/YRS EFFECfIVE DATE:
I FRA COMPLIANCE: FRAINON COMPLIANCE:^
VEH.IMMOBtL1ZATION DAYS FORFEITURE: YES NO& PLATES IMPOUNDED
CREDTT DAYS HELD
17 DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A. COMPL4lNCE SHOWN.
17 OCCUPATIONAI,q VOCATIONALO EDUCATIONALfEL+GOURTTREATMENT
'MEDICAL•.Clo RESfR1CTED LICENSE PLATESO IGNITION INTERLOCK - t • ' ' ' 'q D.L E.YAMINATION
COMMUNITY CONTROL SANCTIONS:
DATE: JUDGE/MAGISTRATF.:
WARNING: A PARTY SIL4LL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OFA MAGISTRATE'S FACTUAL FiNDING OR I.EGAI.CONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECCED THERETO AS REQU[RED BY CRIMINAL RULE 19.
'AYp1ENT DnTE•
cECF•fM' No:
7NE:
^EOg7S:,-_
I^CONCAR:_
w1T FEF.S:_
nlttr I'rES:_
P.D. FEI:S:_
IP F"EE:_
3MV FFF.:
'OTN.1'AID:,
I
PRE-ROLL: STOCADALE f DAVID/ CACTIVATE DATE: 09/28/2006
CASE: / 06/CRB/38496 COMM. CONTROLVIOL.:
DEFENDANT: W(}LF/&ARBA.RACTLNO:721086 TICKET:SEC. VIOL: 2911-21 ORCNCHARGE:CRIMINPS TRESPASS M4
ARRESTDATE: 0 9/2 7/20 D 6
JMS NUMBER:SEX: F D.O.B.04/25/1941DEF. COUNSEL: GALLAGS3R/WILLIAM/RPROS. WIT: PO/DO92NING
tf
m
IMZ=m
TO'CHG SHERIFFOFFIAMILTONCOLINTY,GREET(NGS: Whereas,theabovedefendantwesarrestedandehnrgedwiththeabovescctionnumber.Forgoodcauseshown, tho defendant is ordered to give bail in the sum indicated below. You sre, therefore, commanded to receive the defondaru into your custody until the trial date, or untilhe/she gives bail as ordped. Or, wberea9, the above dekadam, having been tried and convicted ofsaid dterge(s) is senteneed, as indicatcd befuw. Therefore, we eomnund youto rcracive the defendant into your custndy, there to remain antif hdshe has Tully exeouted the terats o€the scntence, or. until otherwise dlscharged by due course of Iaw.
DATE ACTION SIGNATURE OFJUDGE/M GISTRATE
Arraignment - Probable cause to twld damonstrated ()1'ES () ta0
ORl $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
A d
3r_r z- ^`7 ^ ;^ U^ ^
C^Akq
6zvv,^ 115-o tf 11 30.
Date The decision of the magistrate is adopted and the recommended sentence is enteredas the judgment of the court.
JUDGE
nAM1LI VN L:VUNt Y MVrv4,tr^vv,..JOURNAL ENTRY - COMMITMENTISENTENCE
CASE: /06/CRB/38496
DEFENDANT: WOLF/BARBARACTLNO: 721086
SEC.VIOL: 2911-21 ORCN
CHARGE:ARREST DATE:JMS_NUMBER:
SEX:
DEF. COUNSEL:PROS. WIT:
Ci2IMINAL TRESPASS
09/27/2006
F D.O.B. 04/25/1941
GALLAGFIER/WILLIAM/R
PO/DOWNING
M4
PRE-ROLL: STOCRDALE/DAVIDVC
(check ifapplicable)
qPYiAGIS'I'RATE'S DECISION
PLEA: FINDING: O.V.I CONVICTIONS W/iN PREV. 6YRS:
'f0 THE SHERIFP OF HAMILTON COUNTY, GREETINGS:V3herens, the above defendantwas artestedand charged with the above section number. Whereas, the above defendant, baving been tried and convicted ofsaid charge issontcnced, as Indica¢ed below. Therefore, we command you to receive the defendant into your custody, therc to remain until hcTshe has fuily executed the terms ofthesentence, or until otherwisa d'adarged by due course orlaw.
DAYS: SUSP: CREDIT TIME: STAY: q FINES AND DAYS CONCURRENT~ q COMMIT q TURNING POIN'P
SUSPt STAY: q CONSECUTSVE q NOT FLIGIBLE FOR 2 FOR 1q NO EARLY RELEASE O NOT ELIGIBI.E FOR 3 FOR I
SUSP: " STAY: 0 EXTENDED TREATMENT
FiNE: REMIT:
COSTS: REMIT:
q COMMUNITY SERVICE IN LIEU OF FINES
LANGUAGE INTERPRETE•R FEE:
COMMUNITY CONTROL: DAYS!iY1OS/YRS, PAY THRUf
q REWARDS JAIL INTERVENTION FOR WOMENO ANY TREATMENT IF ELIGIBLEq OTHER
DRIVINGCON'DITIOVS: DRIV[NGSUSPENSION: DAYSlMOSJYRS EFFECI7VEDATE:
FRA COMPLIANCE: FRAINON COIiAPLIANCE: VEH.IMMOBILI7ATION DAYS FORFEITURE: YES NO& PLATES IMPOUNDED
CREDIT DAYS HELD
E7 DEFENDANT tS GRANTED LL\9ITED DRIVL`IG PRIVILEGES AS FOLLOWS AFFER MANDATORY SUSPENSION EFFECTIVE:CURRENTF.B.A.COMPLIANCESHOWN. . •
O OCCUPATIONALqVOCATIONAL . , 'O EDUCATIONALq COURT TREATMENTq MEDICALO R,ESTRIC.TED LICENSE PLATESq IGNITIONINTERLOCKO D.L. EXAMINATION
COMMUNITY CONTROl. SANCfEONS:
DA'CE: JUDGE/MAGISTRATE:
TICKET:
WARNIN: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEALTHE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION IJNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED TIiERETO AS REQUURED BY CRIMINAL RULE 19.
AYMENT DATE:_„_ y. PRE-ROLL: STOCRDALE/DAVID/CACTIVATE DATE: 09r28/2006
L"CL•IPT N0:_ .=aCASE: / 06/CRB/38496 COMM. CONTROL
VIOL.:•osrS: v '
!>=
ONCAR
DEFENDANT: LS OLF /BARBARFiCTLNO: 721086 TICKET:
!=
'IT FEES: SEC. VIOL: 2911-21 ORCN W^_
URY FEF9: CHARGE: CRIMINAL TRESPASS M4
ARRESTDATE: 09/27/2006 m^D. FEES: _09JMS NUMBER:P FF.E SEX: F D O B 04/25/1941. . .
MV FEE DEF. COUNSEL: GALLAGHER/WIF,LIAM/R ^ua^3a++ne^
TOTAL PAID: PROS. WIT: PO/DOWNING
I ii i^, pl ^ 11TO TI1E SHERIFF OF HAMILTON COUNTY, G[LEETINGS: Whue as, the above defrndantwas acre.sted and charged with the above section numba. For good causesihown, the defendant is ordered to give bail In the sum indicated bcluw. You are, therefore, eummanded to reeeive the defendant lnto your custody until the trial dete, or unt11helshe gives bail as ordered. Or, whaeas, the above defendnnt, having been tricd and convicted of said eharge(s) is sen[cnced, as indicated below. Thcrefore, we command youto roceive the deRndanr inro your eustody, thero to remain until hehhe has fully executed the terms ofihe sentcnoe, or until otherwisc discharged by duc course of law.
DATE ACTION SIGNATURE OFJUDGE/tvIAGIS TE
Arraigstment - Probable cause to hold dermrwfirated ( ) YES <) NO
OR/ $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crifn.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
l.,wlJL vi
5w®i-vl
7l& ^r /;C}t , v-t PN y
3 ^
Date The decision ofthe rnagistrate is dopted and the recommended sentence is en edas the,{udgment of the court.
JU E
JOURNAL ENTRY- COM1IMITMENT/SENTENCE
PRE-ROLL: STOCKDALE/DAVID'/C
CASE:
DEFENDANT:
CTLNO:
SEC. VIOL:
CHARGE:
ARREST DATE:JMS_NUMBER:
SEX:DEF. COUNSEL:
PROS. WIT:
PLEA:
/06/CFtB/38496
TaOIsF/gP7RBARA7210862911-21 ORCN
TICKET:
CRIMINAL TRESPASS M4
09/27/2006
(check ifapplicabfc)
qMAGISTRATE'S DECISION
F D.O.S. 04/25/1941GALLAGEER/WII,L3AM/RPO/DOW1NING
FINDING: O.V.I CONVICTIONS W/IN PREV.6YRS:
TQ THE SHERIFF OF HAMILTON COUNTY, GREETING.S:Whercas, the above defendant was arrested and charged with fhe above section namber. When:as, the above defendant, haoingbeen ttied end convicted of caid eharge issenteneed, as indicated below. Thatefote, .vn command you to roceive the defcndant into yaur cvstody, , thcro to remain untit he/she has fully exeeuted the tenns of thesentence, or until otherwise discharged by due cotuse of law.
DAYS: SUSP: CREDITTIIvtE:_STAY:____
FINE: REMIT: SUSP: STAY:
COSTS: REMff: SUSP: STAY:
D COMMUNITY SERVICE IN MU OF FiNES
LAI9GUAGE iNTL•RPRETER FEE:
COMMUN1TYCONTROL: DAYS7AfOS/YRS. PAY TIIRU:
q FINES AND DAYS CONCURRENTq COMMIT q TURTIING POINTq CONSECUTtVE q NOTELIGIBLE FOR2 FOR Iq NO EARLY RELEASE 0 NOT ELIGIBLE FOR 3 FOR Iq EXTENDED TREATMENTq REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATM[.x1T IF ELIGIBLEq OTHER
DRIVING CONDITlON5: DR]VING SUSPI7^mON: DAYSlMOSlYRS EFFECRVE DATE:
FRA COMPLIANCE: FRAINON COMPLIANCE: I VEH.IMMOBILIZATION DAYS FORPEITURE: YES NO&^PLATESIMPOUNDED
CREDIT DAYS HELD
CJ DEFENDANT IS GRANTED LIMii'ED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTGVE:CURRENT F.R.A. COMPLIANCE SHOWN. ' , " • .. •
Q OCCUPATIONALq VOCATIONALq EDUCATIONAL0 COURTTREATMENTq MEDICAL0 RESTRICTED LICENSE PLATESQ IGNITION {NTERLOCKq D.L. EXAl11INATION
CL16151UNITY COiYTROL SANCTIONS:
DATE: JUDGE/MAGISTRATE:
WARNIN : A PARTY SHALL NOTASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAG[STRATE'S FACTUAL FINDING OR LEGALCONCLUSION IINLESS THE PARTY IfAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
k^*TD.tic: ,^;
iKECLte;;^c
osrs:^
NcAaR:-_
V tT FF.CS:_
tiRY FEES:_
P.n. FEES:-
L.f r t•-Et::-
nM V FIiE_
OTAL PAID:
PRE-ROLL: STOCKDALE/DAVID/CACTIVATE DATE: 09/28/2006
CASE: /06/CRB/38496
DEFENDANT; WOLF/BARBARA
COMM. CONTROLVIOL:
CTLNO: 721086 TICKET:
SEC.VIOL: 2911-21 ORCNCHARGE:CRIMINAL TRESPASSARREST DATE: 09/27/2006JMSNUMBER:SEX: F D.O.B. 04/25/1941DEP.COUNSEL:GALLAGHER/WILLIAM/RPROS. WIT: PO/DOWNING
^ ^I I
M4
m
TO THE SHEAIFF OF HAM fLTON COUNTY, GREETINGS: Where as, the above defendant aas amsted and oharged with the above seciiou number. For good causeshown. the defendant is ordered to give bail in the sum indicated below. Yau are, therefore, cunananded to receive the defendant intn your custody ontii the trial date, or untilhe/she gives bull as mdered. Or• whereas, the above defendant, having been tried and convicted of said charge(s) is sentenced, as indieeied bclow. Therefine, we command youto receive the defendant into your eustody, there to rctmin until he/she has fully exeeuted the temts of the semencc, or until otherwise discharged by due course uf taw.
DATE ACTION SIGNATURE OFGE/MAGI RATE
Arraignment• Probable cause to hold demonstrated ()Y€s ( )ttoORJ $ Unsecured bond per Crim.R.46(A)(11
$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R46(A)(3) Oniy
Conditions:
S
,-^^-/P,6/C23H/38496
/WOLF/BA,RBARA J,Y KS&3n8'ProviBioR3
'^ 3} 6L s extBnd d^CAURT DFt1E:03 PF10U5E/05/07 AT 1:00 PN IN ROOM 174 COtk^ e•
..--_------._. .to
3-05-0 V'a..,.JJL&e
Date The decision of the magistrate is adopted and the recommended sentence is entered JUDGEas the judgment of the court.
HAMILTON COUNTY MUNICIPAL COURT ^. ^IOURNALENTRY - CONIMITMENTlSENTENCE•
PRE-ROLL: STOCKDALE/DAVIP/C,
CASE: / 06/CRB/38496(check if a licable)pp
DEFENDANT: WOLF/BARBARA qMAGISiRA7iE'S DECISIONCTLNO; 721086 TICKET:
SEC.VIOL: 2911-21 ORCN
CHARGE: CRIMINAL TRESPASB M4
ARREST DATE: 09/27/20063M5_NUMBER:
SEX: F D.O.B. 04/25/1941DEF. COLJNSEL: GALLAGHER/WILLIAM/R
PROS. WIT: PO/DOV4NING
PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whereas, the above defendant was arrested and charged with the abuve eeetion number. Whereas, lhe above defendan4 having been uiod and ennvicted of said charge issenueaeed, as indicated below. Therefora.we command you to receive Uu defendant into your custody, there torcamin until helshe has fully executed the terms of thesentence, or until otherwise diseharged by due course of law.
DAYS: SUSP: CREDIT TAA E: __,_ STAY:
FINfi: REMIT: SUSP: STAY:_
COSTS: REMFT: SUSI'. STAY:
q COMMLTNITY SERVICE IN LIEU OF FINES
LAlVGUAGE INTERPRETER FEE:
COM MIL1ryTY CONTROLt DAYSIMOSIYRS. PAY THRII:
DRIVING CONDITIONS: DRIVDVG SUSPENSION:
d FINES AND DAYS CONCURRENTq COMMIT q TURNING POINTQ CONSECUTIVE 13 NOT ELIGIBLE FOR 2 FOR IO NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR 1q EXTENDEDTREATMENTO REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF ELIGIBLEq OTHER
DAYS.T7OSIYRS EFFECTIVEDATE:
FRACOMPLIR.NCE: FRRJNON COMPLUINCE: VEH.iMMOBILIZATION DAYS FORFEITURL•: YES NO& PLATES IMPOUNDED
CREDIT_ _ __ DAYSHELD
q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSIONEFFECTIVE:CURRE\T F.R.A. CO;4(PLIANCE SHOWN.
q OCCUPATIONAI.O VOCATIONALq EDUCATIONALD COURT TREATM.ENTQ MEDICAL13 RESTRICPED LICENSE PLATESq IGNITIONINTERLOCK •
• L7 D.L. EXAMINATION
COMMUNITY COYTAOL SANCTIONS:
DATE: JUDGEfMAGISTRATE:
WA.RNING: A PARTY SHALL,YOT ASSIGN AS FRROR ON APPEAL THE COURT'S ADOPTION OFA MAGISTRATE'S FACTUAL FINDING OR LEGAI.CONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OB7ECTEDTHERETO AS REQUIRF.D BYCRIMINAL RULE 19.
(Y^•^•
AYNtiY^'(J/!TE'.^ • PRE-ROLL: STOCKDALE/DAVID/C,__,,.. .^ .
ccstrT nO.t ACTIVATE DATE: 09/28/2006
tnrz:.^• CASE: /06/CRB/38496 COMM. CONTROL z^VIOL.: ra
osrs:-__._ -_. DEFEN'DANT: WC3uF/BARBARA 111111111ONCAR: 721086 TICKET:CTLNO : ^
WIT FEES: SEC. VIOL: 2 911- 21 ORCN
URY FEG•5: CHARGB: CRIMII3AL TRESPASS M4
D. FcES:ARRESTDATE: 09/27/2006JMS NUMBER: 1219802
uP FL•E:
-IMV FEE:
rOTAL PAIll:
SEX: F D.OB.O /25/1941DEF, COUNSEL:PROS. WIT: PO/DOSdIi21SG
^i-g l ^^t/,. d .{j(.t6r"63SOM
'rO l7•IE SHERIPF OF HAMILTON COUNTY, GREETINGS: Where as, ttu above defendant was arrested and oharged with the above section numher. F'or good causeshown, the defendant is ordcred to give bail in the sum indieated below. Yau are, therefore, coromanded to receive the defeadant into your custody unt7 the trial date, or untilhe/she gives bail as ordered. Or, whereas, the above defendant, having been tried and convicted uf said charge(s) is sentenced, as indicated bebw. 7herdhe, we rammand youto rcceive the defendant into your custody, there to remain until he/she has fully ezecuted the tetms of the sentence, or until otherwise discharged by dueeourse of law.
DATE
09/28/200612:30 pm
ACTION
JCAArraignment - Probable cause to hold demonstrated () YES () xo
OR/ $ Unsecured bond per CrIm.R.45(A)(1)
$ Bond @10% per Crim.R.46(A)(2) or (3)
$ Secured Bond per Crfm.R.46(Il)(3) OnlyConditions:
VV ,ITTEN PLEA OF NOT GUILTY
/06/CF28/38496 FJOLF/S4Ra4RA PT TI.O'PCMW DATE:10/06/06 AT 9:80 AH IN EtOJM 174 CORiSiOJSE
= - u 0 w 1^0 .(g CQ Q ! rl-^ ^- ^. ---
- -^ ^( t /06/QiB/38496 HOI^/»A '^T^^S^
SIGNATURE OFJUDGE/MAGIST'RATE
6Rr.Pl'r/esEBYL/D
DTETE:01/22/e7- AT 10:00 AM I8f Rd0i9 174 GJURT![DIJSE:; slans of O.R,C.^45.71 et seq. e*nW
Date I The decision of the magistrate is adopted and the recommended sentence is entered Judgeas the judgment of the court
HAMIL7ON COIINTY MUNICIPAL COURTJOURNAL•ENCRY-COt1hUTME\TJSENTENCE , . ^^ .,
,y
CASE: / 06/CRB/38496
PRE-ROLL: STOCIKDALE/DAVW-!D/C'•, ^, . .•^
(check if applicable) 'y • ^'
I)$FENDAAIT: ^TOLg/B.giRB^sR^i ; 131VfAGISTRATE'S ITIECISIOI•1 'CTLNO: 721086 TICI:ET:'
SEC.VIOL: 2911-21 ORCN
CHARGE: CRIMINAL TRESPASS M4
ARRESTDATE: 09/27/2006JMS_NUMBER: 1219802
SEX:DEF. COUNSEL:
PROS. WIT:
F D.O.B. 04/25/1941 -t 1 tir t_
PO/DOVPNINC^
PLEA: " FINDING: O.V.I CONVICTIONS W/iN PREV. 6YRS:
TO THE SHERIFF OF-HAMILTON COUNTY,.GREETINGS:Whereas, the above defendant was aaested and charged with the nbode section number. Whereas, the above defendant, having been tried and convicted of said charge isJ•sentenced. as indicated beEow. Therefore, we eommand you to receive the defendant into your custody, there to remain until helshe has fully e^cecuted the ternn of the "'sentenco, oc unb7 othenvise disehargsd by due couise of law. i r
I)Al'S:
v. ^ '
^SUSP: CRFAIT TIME: STAY: • q FINES AND DAYS CONCIJRRENT ; C•,
FI1.FE: ' REMIT: SUSP:` STAY:
COSTS: REbtIT: SUSP: STAY:
O;COMMUNIT.Y SERVICE W.LIEU OF FINFS
LANGUAGEINTERPRETERFEE:
-COMMUNITYCONTROL: DAVSIMOSlYRS: PAYTHRU:
q CONSECUTIVE q NOT ELIOIBLE FOR 2 FOR Iq NO EARLY RELEASE • !7 NO'1`EUGlBLE FOR 3 POR Iq EXTENDED TREATMENT •. " ' ^q REWARDS JAILINTERVENTION FOR WOMENq ANY TREATMENT IF ELIGHSLEq OTHER
\ p.
•DRIVINGCONDPf10,DAIVINGSUSPENSiON: DAYS/MOS/YRS EFFECT(VEDATE:
FRACOMPLIAldCEt . FP.AlNOM COMPLQANCE: VEH.IMMOBILtznTION DAYS FDRFEITURE: YES NOR. PI ATFS IhdPA[ 1Nf]FD
CREDIT DAYS HELD
.0 DEFENDANTISGRANTEDLI,MITEDDRIVINGPRIVFLEGFSASFOL[AWSAFTBRMANDATORYSUSPENSIO4.EFFRCPIVE: <ICURRENT F.R.A`. COMPLIANCE SHOWN
q OCCUPAT.[ONALq VOCATdONALq ^EDUCATIONAL r .D COURTTREATMENT ^•q MBDICALq RESTRICCED LICENSE PLATE.SD IGNITfON INTEBLOCK • • ^ , . \ 1 ^• ) y 1 ^
, ^t -'I7 D.LEJUMIlVAT1ON Y . 1• .
^COM_MUNITYCONTROLSANCf7ONS: ^ ^;` 1! \ k^ :^t` t
! ^• t
il
'`- 1^ ' '^ ^( iJ^... • . •° ' , . . I
DATE:
• - q COMMIT ^ . D IURNING POINT #.
JUDGFJMAGISTRATE:- •
WARNING: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OFA MAGISTRATE'S FACTUAL FLNDING OR LEGALZONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAI. RULE 19.
CASE NO.: 106/CRB/38496DEFENDANT: WOLF/BARBARACONTROL NO.: 721086VIOLATION: 2911-21 CRIMINAL TRESPASS M4
PLEA: Not Qit+ifty FINDING: GuiltyTHE DEFENDANT IS HEREBY SENTENCED AS FOLLOWS:TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS: The abovedefendant having been convicted and sentenoed as indieatedhelow, you are herebyeommanded to receive him/her into your custody, there to remain until the sentence has been fully executed or he/she is otherwise discharged by due course of lnw.JAIL;DAYS: 1 CREDIT; ! STAY: Q.V.I. CONVICTIONS in PRECEDING 6 YRS.:
q TURNING POINT q CONSECUTIVETOq EXTENDED TREATMENT q 3 DAYS in DRIVERS INTERVENTION PROGRAMq REWARDS JAIL [NTERVENTION FOR WOMEN q 10 DAYS in TALBERT HOUSE TEN DAY PROGRAMq NO EARLY RELEASE q 20 DAYS in'FALBERT HOUSE TWENTY DAY PROGRAMq NO 2 for I OR 3 for I DEfA1LSq TOBESERVEDq DAYS H.C.J.C. STAYED TO AT ROOMRESIDENTIAL SANCPIONS:FINANCIAL SANCTIONS:
FINE: 6 REMIT:® COSTS q LANGUAGEINTERPRETERFEE
MONTHLY PROBATION SUPERV6SION/COLLECTION FEESq RESTITUTIONTO S q PROBATIONTODETERMINEAMOUN'TNOTCOVEREDBYINSUR0 PAYALI.FWANCIALSANCTIONSTHROUGHPROBATIONDEPARTMENFBYTHE90°DAYBEFORECOMMUNtFYCONTROLEXPIRES.
STAY TO PAY TO:
DRIVER'S LICENSE:q FRACOMPLIANCE q FRANON.COMPLIANCE
DRIVER'S LICENSE SUSPENSION , CREDIT DAYS FROM ALS. EFFECTIVE
q IMMOBILIZE VEHICLE DAYS. CREDIT DAYS. q FORFEIT VEHICLEq IMPOUND PLATESOFEVERYVEHICLEREGiSTEREDTOTHEDEFENDANT.
TAE DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS:TO, FROM AND BETWEEN DEFENDANT'S RES[DENCE ANDE3 WORKq EDUCATION
q MEDICAL APPOINTMENTSq COURT ORDERED TREATMENT
q VOCATIONAL
UNLESS IT IS THE EMPLOYER'S VEHICLE BEING DRIVEN IN THE COURSE AND SCOPE OF EMPLOYMENT,q THE VEHICLE BEING DRIVEN MUS'F HAVE RESTRICTED PLATES,q THE VEHICLE BEING DRIVEN MUST FIAVEAN IGNITION INTERLOCh.q DR1ViNG IS RES1'RICTEDTO THE IIOURS:
COMMUNITY CONTROL SAN4TIONS:A VIOLATION OF THE COMMUNiTY CONTROL SANCCIONS hiAY RESULT IN A JAIL SENTENCE OF f6 DAYS, OR A LONGER TIME UNDERTHE SAM1Di OR 111ORE RESTRICTIVE COMMUNITY CONTROLSANCTIONS.COMMUNITY SERVICE HDURS: YOTO BE COMPLETED BY: ® 90ei DAYBEFORE COMMUNITY CONTROL EXPIRES.
q DAY REPORTINGq MONITORED TIME
q HOUSE ARRES T w! ELECTRONIC MONITORBASIC SUPERVISION 6 moa.q INTENSIVESUPERVISIONq M.D.O. / M.R.O. PROGRAMq DRUGlALCOHOLTREATMENT. q AMEND PROGRAM.q EDUCATION, TRAINING, CAUNSEUNG ORTREATMENT PROGRAMS RECOMMENDED BY PROBATION.q RANDOM DRUG AND ALCOHOL USE MONITORING DURBJG THE PERIOD OF SUPERVISION. q NCTI CLASS
ATION OFF ^, AND.® DEFENDANT SHALL NOT VIOI.ATE ANY LAW NOR LEAVE OB1O w1o PERMISSION OF THE wSHALL AEIDE BY THE GENERAL RULES FOR PROBATIONERS.
DATE .
OTHER SANCTIONS:
319312007
INITIAL&
PAYMENFDATE:
RFCEtPTNO;_T
=1NE:
osTS:
CONCAR:
WITFEES: `•50
rURY FEF.S: 23y, a0?.D. FEES:
.1P FEE:
3MV FEE:
i OTAL PAID:
JOURNAL ENTRY - MIT"i'IMUa
PRE-ROLL: GREENBERG/BR2J,bACTIVATE DATE: 09/28/2006
CASE: / 06/CRB/38497 COMM.CONTROLVIOL.:
DEFENDANT: FLANNERY/GREGOgYCTLNO: 913424 TICKET:
SEC. VIOL: 2911-21 ORCNCHARGE:CRIMINAL TRESPASS M4
ARREST DATE: 09 / 2 7/ 2 0 0 6JMSNUMBER;SEX : M D.O.B.09/17/1958DEF. COUNSEL: GALLAGHER/WILLIAM/RPROS. WIT: PO/EDWI+,RDS
®8
T'O THE SHERIFF OF HAMILTON COLJNTY, GREETINGS: Where as, the above dekndam was artested and oharged with the above section number. For good causeshown, the defendant is ordered to give bail in the sum indicated below. You are, therefore, commanded to reoeive the defendant into your custody until the triai date, or untilhe/she gives bail as ordered. Or, whereas, the above defcndani, having been tried and convicted of said charge(s) is sentenced, as indicated below. Therefore, we command youto receive the defendant into your custody, there to remain until he/shc has fully executed the terms of the sentence, or until otherwise discharged by due course of law.
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arraignment • Probable cause to hold demonstrated () 1'ss () troORl $ Unsecured bond per Crim,RA6(A)(1)
$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
3-) o ^ V .JZtid ^.t^^ t9
aQM`7^ •
^S ^ 4-17^07 1' A 17
Date The decision of the magistrate is adopted and the recommended sentence is enteredas the judgment of the court.
JUDGE
HAMILTON COUNTY MUNICIPAL COURTJOURNAL ENTRY - COMM ITh1ENT/SENTENCE
PRE-ROLL: GREENBERG/BRADCASE: / 06/CRB/38497
DEFENDANT: FI,ANNERY/GREGORY .CTLNO: 913424 TICKET:
SEC.VIOL: 2911-21 ORCN
CHARGE: CRIMINAL TRESPASS
ARREST DATE: 09/27/2006JMS NUMBER:
M4
(check if applicable)
OMAGISTRA'I'E'S DECISIt3N'
SEX: M D.O.B. 09/17/1958
DEF. COUNSEL: GALLAGHER/WILLIAM/R
PROS. WIT; PO/EDk*P,RDS
PLEA: FINDING: O.V.1 CONVICTIONS WlIN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Wbereas, lhe above defendant was arrested and charged with the above section number. Whereas, the above defendant, having been tried and convicted ofsaid charge issentenced, as indicated below. Therefore, we command you to receive the defendant into your custody, there to remain until he/she has fully executed the terms of thesentence, or until otherwisc discharged by due course of law.
DAYS: SUSP: CREDIT TIME: _STAV: - 0 FINES AND DAYS CONCURRENTq COMMIT 0 TURNING POINT
CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR IFINE: REMIT: SUSP: STAY:- 0q NO EARLY RELEASE 0 NOT ELIGIBLE FOR 3 FOR I0 EXTENDED TREATMENTCOSTS: REMIT: SUSP: STAY:CI REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF ELIG16l:Eq COMMUNITY SERVICE fN LIEU OF FINES0 OTHER
LANGUAGE INTERPRETER FEE:
COFINUMTYCONTROL: DAYSlMOSMiS. PAYTHRU:
DRIVINGCONDJTIONSe DRIVINGSUSPL•NSION: DAYSlMOS/YRS EFFECTIVE DATE:
FRA COMPLIANCE: FRAlNON COMPLIANCE: 1 VEH.IMMOBILIZATION DAYS FORFEITURE: YES NOdcPLATESIMPOUNDED
- CREDIT DAYSHELD
CI DEFENDAN'1' IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLCOWS XFTER MANDATORY SUSPENSION EFFECFIVE:CURRENTF.R.A.COMPLIANCESHOWN.
q OCCUPATIONALq VOCATIONAL.q EDUCATIONAL
. • O. COURT TREATMENT: '''1CJ MEDICAL
`I7 RESTR[CTED LICENSE PLATESq IGNIT7ON [NTERLOCKq D.L. EXAMINATION
COMMUNITY CONTROL SANCTIONS:
DATE: JUDGE/MAGISTRATE:
WARNINC: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL TI[E COURT1 ADOPTION OF A MAGISTRATE'S FAC"FUAL FINDING OR LEGAI.CONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED TIiERETO AS REQUIRED BY CRIMINAL RULE 19.
YMENff t)ATE:_,__ PRE-ROLL: GREENBERG/BRAD
CEU'rN^: ACTIVATE DATE: 09/28/2006
fE: . CASE: / 06/CRB/38497 COMM. CONTROL,_VIOL.: ®
^STS:
tNCAR:DEFENDANT: FLANNERY/GREGORYCTLNO 913424 TICKET
IT FE•ES:
::SEC. VIOL: 2911-21 QRCN
k Y FEES: CHARGE: CRIMINAL TRESPASS M4
3. FEF.S:ARREST DATE: 09/27/2006
P FEE:JMS NUMBER:
M DSEX O B 09/17/1958: . . .Av Pr;H: DEF. COUNSEL: GAI,I,AGHER/WILLIAM/R.)TAL PAID: PROS. WIT: PO/EDWARDS
i I'O THE SHF:RIFF OF HAMILTON COUNTY, GREETINGS: Whcre as, the above defendant was arrestcd and charged with the above section number. For good causehown, the detcndant is ordered to give bail in the sum indicated betow. You are, therefore, commanded to receive the defendant into your custody until the trial date, or untile/she gives bail as ordercd. Or, whereas, the above defendant, having been Uied and convicted of said charge(s) is sentenced, as indicated below. Therefore, wr command youo receive the defendant into your custody, thete to remain until he/she has fully executcd the tenns of the sentence, or until othetcvise discharged by due course of law.
3ATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arraignment - Probable cause to hold demonstrated Osas O NoORf $ Unsecured bond per Crim.R.46(A)(1)
$ Bond @i0'/o per Crim.R,46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
' ^'L`^ ( .r^r) /VA', AA64 r
Date The decision of the magistrate is adopted and the recommended sentence is enteredas the judgment of the court.
JUDGE
HAMILTON COUNTY MUNICIPAL COURTJOURNALENTRY-COMMITMENTJSENTENCE
PRE-ROLL: GREENBERG/BRAb.
DEFENDANT: FLANNERY/GREGORYCTLNO: 913424
SEC.VIOL: 2911-21 ORCNTICKET:
CHARGE: CRIMINAL TRESPASS M4
ARREST DATE: 09/27/2006JMS_NUMBER: -
SEX: M D.O.B. 09/17/1958DEF.COUNSEL: GALLAGHER/WILLIAM/R
PROS. WIT: PO/EDWARDS
(check ifapplicable)
C710'IAGISTRATE'S DECISION
PLEA: FINDING: O.V,i CONVICTIONS WI1N PREV. 6YRS:
0 THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Jhereas, the above defendant was arrested and charged with the above section number. Whereas, the above defendant, having been tried and eonvicred of said charge ismtenced, as indicatcd below. Thercfnre, wc command you to reccive the defendant into your custody, there to rema(n until he/she has fully executed the terms of the:ntenee, or qnt'rl otherwise discharged by due course of law.
)AYS: SUSP: CREDITTIME: STAY:
7NE: REMIT: SUSP: STAY:
:OSTS: REMIT: SUSP: STAY:
] COMMUNITY SERVICE 7N LIHU OF FINES
.ANGUAGE INTERPRETER FEE:
COAIMUNI'fY CONTROI.: DAYS/MOS/YRS. PAY THRU:
DRIVING CONDITiONS: DRIVING SUSPENSION:
O FINES AND DAYS CONCURRENTf7 COMMIT 4 TURNING POtNTq CONSECUTIVE q NOT ELiGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR Iq EXTENDED TREATMENTq REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF ELIGIBLEq OTHER
DAYS/MOS/YRS EFFECTIVEDATE:
FRA COMPLIANCE: FRAINON COMPLIANCE: VEH.IMMODIL(ZATION DAYS FORFEITURE: YES NO& PLATES IMPOUNDED
CREDIT DAYS HELD
f] DEFE,NDANT IS GRANTED LIMITED DRIVING PRNILEOF.S AS FOLLOWS APTER MANDATORY SUSPENSION EFFECFII'E:CURRENT F.R.A. COMPLIANCE SHO{VN.
q OCCUPATIONALq VOCATIONALO EDUCATIONALq COURTTREATi1ENTq MEDICALO RESTRICTED LICENSE PLATESD.IGNITION INTERLOCK
^ (3 D.L. EXAMINATION
COMMUNITY CONTROL SANCTIONS:
-DATE: JUDGEMAGISTRATE:
WARNIN : A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL TIIE COURT'S ADOPTION OF A MAGISTRATE'S FACT'UAL FINDING OR LEGAl.CONCLUSION UNLESS TIIE PARTY HAS TIMELY AND SPECiFICALLY OBJECTED TfiERETO AS REQUIRED BY CRIMINAL RULE 19.
fMENTDA'fF.:___,
:EIYi'N0: -
E:
STS:
NCAR:
T FBES:
RY FEES:
). FEES.
? FEE:
dY FEE:
)TAL PAID:
PRE-ROLL: l+2[r+r,avu,.....rACTIVATE DATE: 09/28/2006
CASE: / 06/CRB/38497 COMM. CONTROLVlOL,:
DEFENDANT: FLAl^t'NERi'/GREGt'iRYCTLNO: 913424 TICKET:
SEC. VIOL: 2911-21 ORCNCHARGE: CRIMINAL TRESPASS M4
ARREST DATE: 09/27/20061MS NUMBER:SEX: M D.O.B.09/17/1958DEF. COUNSEL: GAI.LAGHER/WILLIAM/RPROS. WIT: PO/EDWARDS
I
®
m
'O 7HE SHERIFF OF HAMILTON COUN'f Y, GREETINGS; Where as, the above defendant was arruted and charged with the above section number. For good causehown, the defeadant is ordcred to give bail in the sum indicated bdow. You are, thercfore, commanded to reccive the defendant into your custody until the triat date, or untilie/she givrs bail as ordered. Or. whereas, the above defendant, having bun tried aad convicted of said charge(s) is sentenced, as indicated below. Therefore, wo command youo receive the defendant into your custody, there to remain until he(she has fulty executed tha tenns of the sentence, or until otherwisc discharged by due course of taw.
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arraignment • Probable cause to hold demonstrated ) zrsS ()NO
OR! $ Unsecured bond per Crim,R.46(A)(1)$ Bond @100/o per Crim.R,46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
3-cu-o? CaAA"
JwrY ^U^Y 1 ►^^n^j+^ ^ SWO 'V!
C^-b
I^ wi II ^+M IS Ccl-Q.^ .tNt ^
og Ibate The decision of the mao-istrate is adopted and the recommended sentence is ent E
as the judgrnent of the court.
^wNw1.P.be11,1 ^ye
JOURNAL ENTRY VCOMMITtfENT/SENTEtVCE
PRE-ROLL: GREENBERG/BRAD'
CASE: /06/CRB/38497
DEFENDANT: FLANNERY/GREGORY(check if applicable)
qIVIAGISTRA.TE'S DECISIONCTLNO: 913424
SEC.VIOL: 2911-21 ORCN
TICKET:
CHARGE: CRIMINAL TRESPASS M4
ARREST DATE: 09/27/2006JMS_NUMBER:
SEX: M D.O.B. 09/17/1958DEF. COUNSEL: GALLAGHER/WILLIAM/R
PROS. WIT: PO/EDWARDS
PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV, 6YRS:
f0 THE SHERIFF OF HAMILTON COUNTY, GREETINGS:tVhereas, thc above defendant was arrested and chzrged with the above section number. Whereas, the above defendant, having been tried and convicted ofsaid ohacge iscentcnced, as indicatad below. Therefore, we command you to receive the defendant into your custody . there to remain until hdshe has fully executed the terms of theaentence, or until otherwise discharged by duc coume of law.
DAYS: SUSP: CREDIT TIME: ____ STAY:
FINE: REMIT: SUSP: STAY:,
COSTS: REMIT: SUSP: STAY:
q CQMMUNITY SERVICE IN LIEU OF FINFS
LANGUAGE INTERPRETER FEE:
COMMUNIn CONTROL: I)AYSlMOS/YRS. PAY TliRlL•
q FINCS AND DAYS CONCURRENTq COMMR q TURNING PO1NTC7 CONSECUTIVE q NOT ELTGIi3LE FOR 2 FOR II1 NO EARLY RELEASE q NOT ELIGIDLE FOR 3 FOR IO EXTENDED TREATMENTq REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF ELIGIBLEp OTHER
DRIVING CONDR70NS: DRIVING SUSPENSION: DAYSfMOS/YRS EPFECTIVE DATE:
FRA COMPLIANCE: FRA/NON COMPLIANCE: I VEH.IMMODILIZATION DAYS FORFEITURE: YES NO& PLATESlMPOUNDED
CREDIT DAYS HELD
q DEFENDANT IS GRANTED LIhDTED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFF ECTIVE:,CURRENTF.R.A.COMPI.IANCESHOWN.
Cl OCCUPATIONALO VOCATIONAL , • ,q EDUCATIONALq COURI'TREATMENTq MEDICAL "
DATE: .)UDGEAtIAGISTRATE:
N'ARNING: A PARTY SIIALI. NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A 61AGISTRATE'S FACCUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OSJECFED THERETO AS REQUIRED BY CRIMINAL RULE 19.
Pn :r^, 'IT 11A7[:
RECI?tPTNO:
rFIVG:
COSTS:_
CONCAR:-
IT FEI:S:_
I'^fURY FF.F.S:,
P.D. FEES:_
.IP rEr:,
aMV FEE:_
OTAL i'AIn:,
PRE-RoLL: GREENBERG/BRADACTIVATE DATE: 09/28/2006
CASE: / 06/CRB/38497 COMM. CONTROLVIOL.:
DEFENDANT: FI-ANLdERY/GREGORY
CTLNO: 913424 TICKET:
SEC. VIOL: 2911-21 ORCNCHARGE:CRIMINAL TRESPASSARRESTDATE: 09/27/2006JMS NUMBER:SEX: M D.O.B.09/17/1958DEF. COUNSEL:GALLAGHER/WILLIAM/R
PROS. WIT: PO/EDWARDS
M4
I®
r
^^.C
c
TO lI-tE SFfERitTOF HAMILTON COUNTY, GREETINGS: V7here as, the above defendant was artested and charged with the above section number. For good causeshown, the dcfendant is ordercd to give bail in the sum indicated below. You are, therefore, commanded to receive the defendant into your custody until the trial date, or untilhe/she gives bail as ordered. Or, whereas, the above defendan4 having becn aried and convicted of said charge(s) is sentenced, as indicated beiow.'1'herefore, wc command youto receive the defcndant into your custody, there to remain until he/she has fuilyexecuted the terms of the sentence, or until otherwise discharged by due course of law,
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arraignment - Probable cause to hold demonstrated OY8s O xo
OR/ $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10"/a per Crim.R,46(A)(2) or (3)$ Secured Boiid per Crim.R.46(A)(3) Only
Conditions:
1-19-^^
f 2z a ^^ -In IC/1 ^106/C,RH/38497 E'LANfMRY/GRE30RY J'P KR;i 3 j'
' qVI"vi. IB Jl l). .t.i. G!,7.
:Ot]RT DATEs03/05/07 AT 10:00 AM IN ROOM 174 CAURT430USEFrnrn ♦
UwA 3rc.o ^b'73-p5-o7
Date The decision of the magistrate is adopted and the recoenmended sentence is entered JUDGEas the judgment of the court.
nru^uL,wrv \.VUCI, I mutvll,un^. ., -
JOURNALENTRY-COMMITMENTISENTENCE
PRE-ROLL: GF{EENBERG/B?tAD'
CASE: / 06/CRB/38497
DEFENDANT: FLAATNERY/GREGORYCTLNO: 913424 TICKET:
SEC. VIOL: 2911-21 ORCN
CHARGE: CRIMINAL TRESPASS
.ARRESTDATE: 09/27/2006JMS NUMBER:
M4
(check itapplicable)
OMAGISTRATE'S DECISION
SEX: M D.O.B. 09/17/1958DEF. COUNSEL: GALLAGHER/WILLIAM/R
PROS. WIT: P0/EDWARDS
PLEA: FINDING: O,V,I CONVICTIONS W/IN PREV. 6YRS:
r0 THE SHEIUFF OF HAMILTON COUNTY, GREETINGS:Whereas, the above defendant was airested and charged with the above section number. Wttereas, the above defcndant, having been tried and convicted of said charge issentenred, as indicated below. Thereforc, we command you to receive the defendant into your custody, there to remain until he/she has fuliy executed the terms of thesentcece,oruntilathenvisedischargedbyduecourseoffaw.
DAYS: SUSP: CREDIT 1'IME: ____ STAY: _____
FINE: REMiT; SUSP: STAY:_
COSTS: REMIT: SUSP: STAY:
0 COMMUNITY SERVICE IN LIEU OF FINES
LANGUAGE INTERPRETER FEE:
COMMUNITY CONTROL• DAYSINOSJYRS PAY THRU•
q FINES AND DAYS CONCURRENTq COMMIT O 1'URNING POIN'I'O CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR 1q NO EARLY RELEASF q NOT ELIGIBLE FOR 3 FOR 1O FXTENDED TREATMENTQ REWARDS JAIL INTERVENTION FOR WOMEND ANY TREATMENT IF ELIGIBLE0 OTHER
DRIVING CONDITIONS: DRIVING SUSPENSfON: DAYS(MOSIYRS EFFECTNE DATE:
FRACOMPLIANCE: FRAlNONCOMPLIANCE_ 1 VEH.IMMOBIUZA71ON DAYS FORFEITURF,: YES NO& PLATESIMPOUNDF.D
CREDIT DAYS HELD.
q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILF,GES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.RA- COMPLIANCE SNOWN,
q OCCUPATIONALq VOCATIONALq EDUCATIONAI, •q COURT TREATMENTq MEDICALq RESTRICTED LICF.NSE PLATESq IGNITiON INTERLOCK , . . . •O D.L. EXANIINATION
COA1MUNITY COrTROL SANCTIONS:
DATE; JUDGElMAGiSTRATE:
RNIN : A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THF, PARTY HAS TIMELY AND SPECIFICALLY OB]ECTED THERETO AS REQUIRED BY CRl.N1NAL RULE 19.
YMF.NT DATF•_
." ..(;ernr.Np:
4E
)srS:
.1NCAR:
iT FF.hS:
JRY FEES:
.D. FEFS:
IP FEE
tMv' FEE:
fOTAL PAID:
PRE-ROLL: GKk Utvor.nv^ . __ACTIVATE DATE: 09128/2006
CAsE: / 06/CRB/38497 COMM. CONTROLVIOL.:
DEFENDANT: FLAXNERY/GREGORYCTLNO: 913424 TICKET:
SEC. VIOL: 2 911- 21 ORCNCHARGE: CRII•SINAL TRESPASS bI4ARRESTDATE: 09/27/2006JMS NUMBER:SEX: M D.O:B.09/17/1958DEF. COUNSEL: GALLAGHER/WILLIAM/RPROS. WIT: PO/SDWARDS
I ^
TO THE SHERIFF OF HAMILTON COUNTY, GREETfNGS: Where as, the above defendant was arrested and charged with ihe above section number. For good oauseshown, the defendant is ordercd to give bail in the sum indicated below. You are, therefore, commanded to receive the defcndant into your custody until the trial date, or untithdshe gives bail as ordered. Or, whereas, the above defendant, having been ttied and convicted otsaid charge(s) is sentenced, as indicated below. Therefore, we command youto receive the defendant into your custody, there to remain until he/she has fully executed the temtt of the sentence, or uatil otherwisc discharged by due eourse of law.
DATE ACTION SIGNATURE OFJUD EtMAGISTRATE
Arraignment • Probable cause to hold demonstrated OYES OxD
ORl $ Unsecured bond per Crim.R.46(A)(4)$ Bond @10% per Crim.R.48(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
1-12-07 S ^^ ^4D c t^ ,a ^a^tX
1l ce ^ l VCCMl^^^ t ^\
t/, tlV+a^t^+ GL MZLE^41 WaJt/11¢ A ,AA
Date The decision of the magistrate is adopted and the recommended sentence is 76tered JUDGEasthejudgrnentofthe court.
JOURNAL EN't'RY - COMMITMENT/SENTENCE
PRE-ROLL: GREENBERG/BR.FsD:.CASE: / 06/CRB/38497
DEFENDANT: FLP.NNdERY/GREGORYCTLNO: 913424 TICKET:
SEC. VIOL: 2911-21 ORCN
(check ifappiicabte)
q i'vIAGISTI2ATE'S DECISION
CHARGE: CRIMINAL TRESPASS M4
ARRESTDATE: 09/27/2006JMS_NUMBER:
SEX: M D.O.B. 09/17/1958DEF, COUNSEL: GALLAGIiER/WILLIAM/R
PROS, WIT: PO/EDWARDS
PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whereas, the above defendant was arrest¢d and charged with the above section numbcr. Whncas, the above defendant, having been tried and convicted of said charge issentenced, as indicated below. Therefore. we command you ta recc•rve the detendant into your custody, , there to remain until hetshe has fully executed Ihe temis of thesentence, or until otherwise discharged by due courso of laiv:
DAYS: SUSP: CREDIT TIME: _,_ STAY: __
FINE: REMIT: SUSP: STAY:
COSTS: REMIT: SUSP: STAY: ___
O COMMUNITY SERVICE IN LIEU OF FINES
LANGUAGEINTERPRETERFEE:
COMMIINiTY CONTROL:___ DAYS^OSfYRS. PAY TNRU:
q FINES AND DAYS CONCURRENTq COMMIT q TURNING POINTq CONSECUTNE q NOT ELIGI&LE FOR 2 FOR 1q NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR 1q E, CTENDED TREATMENTq REWARDS JAIL INTERVEN77ON FOR WOMENq ANY TREATMENT IF BLIGIBLECIOTHER
DjttVING CONDITIONS: DRMNG SUSPENSION: DAYS/MOSNRS EFFECTIVE DATE:
FRA COMPLIANCE: FRAlNON COMPLIANCE: VEH.IMMOBILI2ATION DAYS FORFEITURE: YES NO II & PLATES IMPOUNDED .
CREDIT DAYS HELD
O DEFENDANT IS GRANTED L[MITED DRIVING PR[VILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECPNEtCURREnT F.R.A. COMPLIANCE SH4WN. ' ' • . • •
q OCCUPATIONALq VOCATIONAL0 EDIJCATIONAL , , ' . • .. O COURTTREATMENT ' - • •
q MEDICALq RESTRICTED LICENSE PLATES •0 1GNITION INTERLOCK - ' • ' • ^ .q D.L. EXAMINATION
COMMUNITY CONTROL SANCTIONS:
3•
DATE: JUDGElMAGiSTRATE:
1
I
WARNING: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGACONCLUSION UNLESS TIIE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
JOURNAL ENTRY - MITTIMUS
PRE-ROLL: GUCKENBERGER/GTJY/CACTIVATE DATE: 09/28/2006
CONCAR:
1VIT FEES
pUAY FEES:
P.D. FEES:
L[P FL'E:
3MV FEE:
[OTAL PA7D:
COMM. CONTROLVIOL.:
DEFENDANT: FLANNERY/GREGORY
CASE: / 06/CRB/38497
CTLNO: 913424 TICKET:
SEC. VIOL: 2911-21 ORCNCHARGE: CRIMIBiAL TRESPASSARRESTDATE: 09/27/2006JMS_NUMBER:SEX: M D.O.S.09/17/].958DEF. COUNSEL:PROS. WIT: PO/EDWARDS
M4
ITO TFIE SHERIFF OF HAMILTON COUNTY, GREETINGS: Where as, the above defendant was arresied and charged with the above auction number. For good causeshown, the defendant is ordercd to give bail in the sum indieated below. You are, therefore, commandcd to receive the defendant into your custody until the trial date, ar untithe/she gives bail as ordered. Or, whcrcas, the above defendant, having been tried and convicted of said eharge(s) is sentenced, as indicated below. 7yterefore, we command youto receive the defendant into your custody, there to remain until hc/she has fufty executed the term8 af the sentence, or until otherwise di'seharged by due oourse of law.
DATE ACTION SIGNATURE OFYMCE/MAGISTR.ATE
Arraignment - Probable cause to hold demonstrated OYEs )NO
OR! $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim,R.46(A)(3) Only
Conditions:
Pi
/06/CRB/38497 FLANNEEtY/GREGORY PT HHENCOURT DATE:10/16/06 AT 8:45 AM IN ROOM 240 CAUR`PEiOtISE
an. P, ell6
%05/CRH/38497t:fAJRT I}ATE:01/
E2,P.t3H>RY/(^1 _ JTl1AiAS^ ^
22/07 AT' i0:00 AFt, IN ROM 174 L^URTftOifvE TOffi ^(2i
i1 r ^ Op
Date The decision of the magistrate is adopted and the recommended sentence is enteredas the judgm'ent of the court.
JUDGE
HAMILTON COUNTY MUNICIPAL CDURtIOURNAL ENTRY - COMMIThIENTlSENTENCE
CASE: / 06/CRB/38497
DEFENDANT: FLANNERY/GREGORYCTLNO: 913424 TICKET:
SEC. VIOL: 2911-21 ORCN
CHARGE:ARREST DATE:JMS NUMBER:-
SEX:DEF. COUNSEL:
CRIMINAL TRESPASS
09/27/2006
M D.O.B. 09/17/1958
PRB-ROLL: GUCKENBERGEI2•/G'0X%C'
(check if applivable)
[7IViAGISTR.ATE'S DECISION
PROS. WIT: PO/EDWARDS
M4
PLEA: FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whereas, the above defendant was artcsred and charged with the above section number. Whereas, the above defendant, having been tried and convicted otsatd charge issentenced, as indicated below. Therefore, we command you to receive the defendant inta your custody, there to remain until he/she has fully executed the tertns of thesentence, or until otherwise disahatged by due coutse of Iaw.
DAYS: SUSN CRED{T TIME: STAY:
FINE: REMIT: SUSP: STAY:_
COSTS: REMIT: SUSP; STAY: •
O COMMUNITY SERVICE IN LIEU OF FINES
IANGUAGE INTERPRETER FEF,:
COMMUNITY CONTROL:.i:
q FINES AND DAYS CONCURRENTq COMMIT OTURNiNG POINTO CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR 1q NO EARLY RELEASE q NOT EUGIBLE FOR 3 FOR tq EXTENDED TREATMENTq REWARDS JAIL IN'fERVENTION FOR WOMENq ANY TREATMENT IF ELIGIBLE •q OTHER
DAYSIMOS/YRS. PAYTHRU:
DRIVING CONDITIONS: DRIVING SUSPENSION: DAYSIMOS/YRS EFFECTfVE DATE:
VEH.IMMOBILIZATION DAYS FORFEITURE: YES NO& PLATES IMPOUNDED
CREDIT DAYS HELD
0 DEPENDANT rS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R,A. COMPLIANCE SHOWN.
CI OCCUPATIONALq VOGATIONAL •q EDUCATIONAL.q COURTTREATMENT- ^ •q MEDIC.IL •q RESTRIGTED LICENSE PLATESq IGNITION INTERLOCKO D.L. EXAMINATION
COMMUNITY CONTROL SANCTIONS:
. ',
fi'
. . :
DATE: JUDGElMAGISTRATE:
WARNI e A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATF,'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPEC[FICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
CASE NO.: /061CRE/38497DEF'ENDANT: e'LANNERY/GREGORYCONTROL NO.: 913424VIOLATION: 2911-21 CRIMINAL TRESPASS M4 •
PLEA: Not Guilty FINDING: GuiltyTHE DEFENDANT IS HEREBY SENTENCED AS FOLLOWS:TO THE SIiERIFF OF HAMILTON COUNTY, GRL•ETINGS: The above defendnnt having been convicted and sentenced as Jndicated below, you are herebyeommanded to teceive him/hcr into your custody, there to remain until the sentence has been futty executed or hdshc is otherwisc discharged by due eourse of faw.JAIL:DAYS: I CREDIT: 1 STAY: O.V.]. CONVICTIONS in PRECEDWG 6 YRS.:
q TURNING POINT q CONSECUTIVETOq EXTENDED TREATMENT q 3 DAYS in DRIVERS INTERVENTION PROGRAMq REWARDS JAIL INTERVENTION FOR WOMEN q 10 DAYS in TALBERT HOUSE TEN DAY PROGRAMq NO EARLY RELEASE q 20 DAYS in TALBERT HOUSE TWENTY DAY PROGRAMq NO 2 for I OR 3 for I DETAILSq TO BESERVEDq DAYS H.C.I.C. STAYED TO AT ROOMRESIDENTIAL SANCITONS:FINANCIAL SM'CTIONS:
FINE: 0 REMIT:® COSTS q LANGUAGEINTERPRETERFEE
MONTHLY PROBATION SUPERVISION/COLLECTION FEESq RESTITUTION TO E q PROBATiDN TO DETERMINE AMOUNT NOT COVERED BY INSUR.
PAY ALL FINANCIAL SANCTIONS THROUGH PROBATION DEPARTMENT BY THE 99m DAY BEFORE COMMUNITY CONTROL EXPIRES.
STAY TO PAY TO:
DRIVER'S LICENSE:q FRA COMPLIANCE q FRA NON-COMPLIANCE
DRIVER'S LICENSE SUSPENSION . CREDIT DAYS PROM ALS. EFFECTIVE
['] IMMOBILIZE VEHICLE DAYS.CREDIT DAYS, q FORFEIT VEHICLEq IMPOUND PLATES OF EVERY VEHICLE REGIST'ERED TO THE DEFENDANT.
THE DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS:TO, FROM AND BETWEEN DEFENDANT'S RESIDENCE ANDq WORKq EDUCATIONq MEDICAL APPOINTMENTSq COURTORDEREDTREATMENTq VOCATIONAL
UNLESS IT IS THE EMPLOYER'S VEHICLE BEING DRIVEN IN TFIE COURSE AND SCOPE OF EMPLOYMENT,q 'fHE VEI-fICLC BEING DRIVEN MUST EIAVE RESTRICTED PLATES.q THE VEHICLE BEING DRiVEN MUST IiAVE AN iGNITION INTERLOCK.q DRIVING IS RESTRICTED TO THE HOURS:
COMMUNITY CONFROL SANCTIONS:A VIOLATION OFTHE COMMUNITY CONTROL SANCTIONSAL4Y RESULT IN A JAIL SENTENCE OF 70DAYS, OR A LONGER TIAIE UNDERTHESAMEORMORERESTRICTIVECOiYfAfUNITY CONTROLSANCTIONS..COMMUNITYSERVICEHOURS:IOTOBECOMPLETEDBY: '®.90°DAYBEFORE COMMUNITY CONTROL EXPiRES.
q MONITORED TIME0 BASIC SUPERVISION 8 mos.q INTENSIVE SUPERVISIONq M.D.O. / M.R.O. PROGRAM
q 5AYREPOR7INGq HOUSE ARREST w/ ELECTRONIC MONITOR
q DRUG/ALCOHOLTRL•ATMENT. q AMENDPROGRAM.q EDUCATION, TRAINING. COUNSELJNG OR TREATMENT PROGRAMS RECOMMENDED BY PROBATION,q RANDOM DRUG AND ALCOFIOL USF. MONITORING DURING THE PERIOD OF SUPERVISION. q NCti CLASS® DEFENDANT SHALL NOT VIOLATE ANY LAW NOR LEAVE OHtO w/o PERMfSSION OF THE COURT OR THE PROBxITION OFFICER, ANDS14ALL ABIDE BY THE GENERAL RULES FOR PROBATIONERS,OTHER SANCTIONS;
3/1312007
DATE
AyMfBNTDATE:,
:ECEi?r No:_
:OSrS:
:ONCAH
Nrf FEES;
¢!RY F6ES:
P.D. FEES:
LIP FEE:
srv1V FEE
IYITAL PAtn:
LINK: ----- -- •
ACTIVATE DATE: 03/13/2007
CASE: /06/CRB/38498
DEFENDANT: 9IEETC:ER/ELLEt,TCTLNO: 2684072 TICKET:SEC. VIOL: 2911-21A1 ORCNCHARGE: TRESPASS-I4IOF7ING'LYARREST DATE: 09/27/2006!MS NUMBER:SEX: F D.O.B.03/06/1984DEF. COUNSEL:PROS. WIT: CARNEY/PO
COMM. CONTROLVIOL.:
M4
N BE
TO TEIE SHERIFF OF HAMILTON COUNTY, GREETINGS: Where as, the above defendant was atrestod and charged with ehc above section number. Forgood causeshouT, the defendam is orderedtu give bail in thesum Indicatcd befow. You are, therefore, eommanded to receive the defeadant into your custody untiS thc triat date, or untilhe/she gives bail as ordered. Gr, whereas, t7x above defendant, having been tried and canvicted of said chatge(s) is sebtenced, as indicated below. Then;fotS wa command youto receive the defendam ihto yeur eustody, there to renisin until he/she has fully exwutcd the tetms of the sentence, or until otbenvise diseherged hydue couese oflaw
DATE ACT[ON SIGNATURE OFJUDGE/MAGISTRATE
Arraignment - Probable cause to hold demonstrated t) Yss {)trO
ORl $ Unsecured bond per Crim.R.46(A)(1 )
$ Bond @10'/e per CrIm.R.4S(A)(2) or (3)
$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
Dato The decision of the magistTate is adopted and the recommended sentence is enteredas the judgment of the court.
JUDGE
JOURNAL ENTRY - COMMITAIENTISENTENCE
LnvK: STOCKDALE/DAVID/C
cnSE: / 06/CRB/38498
DEFENDANT: DT_^^IC-EF3/^T L•EIdCTLNO: 2684072
SEC. VIOL: 2911-21A1 ORCNTICKET:
(check if applicable)
q l^t'.AGISTF.ATE'S DECISION
CHARGE: TRE SPAS S-ICNOW INGLY M4
ARREST DATE: 0 9/27 / 20 0 6JMS_NUMBER:
SEX: F D.O.B. 03/06/19B4DEF. COUNSEL:
PROS. WIT: CARNEY/PO
PLEA: FINDING: O.V.1 CONVICTIONS W/IN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETINOS:Whereas,dieebovedefrndentwasarrestedandcharged withtheabavcsectionnumber. Whcreas,fieabovedefendanl,bavin8beentriedandcoavicledofsaidohargeissentenced, as indioatad belnw. Thaeflne, we wmnrdnd you to reoeive the defendant into your eustody, there to remain until be/she tucs fully executed the hans ofthesentence, or until othenvise d'ucbarged by due aoarse of law
DAYS: SUSP: CREDIT TIME:_ STAY: _
FINE: REMIT: SUSP: STAY:,_,_,_
COSTS: REMrr: SUSP: STAY:
13 COMMUNITY SERVICE IN LIEU OF FINES
LANOUAGE INTERPRETER FEE:
COMMUNITY CONTROLt DAYSIMOS7YRS. PAY THRU: .
DR[VINGCONDITTONS: DRIVINGSUSPENSION: DAYSt1v1OSlYRS EFFECTIVEDATE:
FRA COWRPLtdNCE: FRAINON COMPLIANCE: VEH.IMMOBILIZATION DAYS FORFEfi'URE: YES NO& PLATES IMPOUNDED
CREDff DAYSHELD
0 DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A. COMPLIANCE SIIOWN.
0 OCCUPATIONALqVOCATIONAL •q EDUCATIONALQ COURTTREATMENTq MEDICALq RESTRICiEDLICENSEPLATESq IGNITIONINTERI.OCK13 D.L. E,CAMINATION
COMMUNITY CONTROL SANCTIONS:
DATE: JUDGE/hLtGLSTRATE:
O FINFS AND DAYS CONCURRENTQ COMMIT q TURNAIG POINTq CONSECUTIVE CE NOT ELIGIBLE FOR 2 FOR IO NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR 1DEXIENDEDTREATMENTq REWARDS JAIL PITERVENTION FOR WOMENq ANY TREATMENT IF ELIOIBLEn OTEfER
LVARNING: A PARTY SHALL NOT ASSIGN AS ERROR ON,tPPEALTI[E COURT`S ADOPTION OF A 6fAGISTRATE`S FACIUAL FINDING OR LEGALCONCLUSION UNLESS TfIE PARTY IIAS TRIELY AND SPECIFICALLY ORJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
AYMENT DATE: PRE-ROLL:MALLVx7C/ W1LL Cr.va^ i,
EC6IPT NO: .ACTIVATE DATE: 09/28/2006
_FINF: _ CASE: / 06/CRB/38498 COMM.CONTROL 1211111_
VIOL.:^-oSTS: 9S•^ ^
DEFENDANT: DIENGER/ELLENNCAR
TFEES:
RYFFES: 2^
P.ll. PEES:
I^P FYE:
6MV rEE:
o'rAL PAID:
CTLNO: 2684072 TICKET:SEC. V1OL: 2911-21A1. ORCNCIiARGE: TRESPASS-SNOWINGLY M4ARREST DATE: 09/27 /2006JMS_NUMBER:SEX F D.O.B.03/06/1984DEF. COUNSEL: GALLAGHER/WILLIAM/RPROS. WIT: CAR2dEY/PO
^il I1^' I
a
TO THE SHERIFF GP HAMILTON COUNTY, GRGCTINGS: Where as. the above defendant was acrcsted and chargod with the abovc seGion number. For good causoshown, aw defendatb is ordeFed lo give bail in du sum indiwted below. You en:, thercfore, commanded to receive the defendant into your custody until the tdal date, or untilhe/she gives bail as ordered. Or, whcreas, the ahove defendant, having been ttled and convicted of said charge(s) is sentenced, as indicated below. 7'herefore, we command youto roceive the defendont into your custody, there to remain until hefsbe hos fully executed the temis of ihe sentence, or until otherwise dischargcd by due course af law.
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arraignment - Probable cause to hold demonstrated ()YES () ero
OR! $Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
3-1:z-o7 n `^ , c^ ( t t,Q •
• 3- I^-^'1 8. 3 0
3--1-S-07
q^ c^-b 17
f)ate The decision of the magistrate is adopted and the recommended sentence is enteredas the judgment of the court.
JUDGE
JOURNAL ENTRY - COMMITTIENTISENTENCE •
PRE-ROLL: MALLORY/WILLIAM/L
CASE
D: •FENDANT:
CTLNO:
SEC. ViOL:
CHARGE:ARREST DATE:7MS_NUMBER:
SEX:
DEF. COUNSEL:
PROS, WIT:
PLEA:
/06/CRB/38498
DIE23isER/ELLEY32684072 TICKET:2911-21A1 ORCN
TRESPASS-IQIOWINGLY09/27/2006
F D.O.B. 03/06/1984
GALLAGF3ER/WILLIAM/RCAFtNEY/PO
M4
(check ifappGtabk)
qNfAGiS'I'd2ATE'S DECiSaON
FINDINCr: O.V.1 CONVICTIONS W/IN PREV. 6YRS:
TO THE SHERIFF OF IIAMILTON COUNTY, GREETINGS:VJturees, the ebove defendant was acmted and chargM with the above seetion number. Whercas, ihe above defendant, having bcen tded and oonvicted of said chargc issentenced, as indicated below. Therefare, we command you to recei+re the defendant into your cnstody, there tu remain until he/she has fully excauted the tcrnu of thesenti:nce, or until mherwise discharged by due course of law.
tMYS: SUSP: CREOfTTIME: STAY: D F1NES AND DAYS CONCURRENT,17 COMMIT q TURNING POINT
FINE: REMIT: SUSP: STAY: q CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR I
COSTS: • REMIT: SUSP: STAY: q EXTENDED TREATMENT17 REWARDS JAIL INTERVEN7TON FOR WOMEN
q COMMUNSTY SPILVICE IN LIEU OF FINES q ANY TREATMENT IF ELIGIBLEq OTHER
LANGUAGE INTERPRETER FEE:
COAiMUNITYCONTROLe DAYS/MOS/4R$ PAY THRUc
DRIVINGCONDTT7ONS: DRIVINGSUSPENSION: DAYS/MOSiYRS EFFECTIVE DATE:
FR{l COMPLIAhICE: FRafNON CEN4iPl.iANCE: l VEH.IMMOBILIZATION DAYS FORPEI7•URE: YES NO& PLATES IMPOUNDED
CREDIT DAYS HELD
q DEFENDANT •5 GRANTED LIMITED pRIV1NG PRIVCLEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECFI VE:CURRENT F.R.A. COMPLIANCE SIIOWN, • ' ' ' '_ '. • •
13 OCCUPATIONALq VOCATiONALq EDUCATIONAL0 COURTTREATMENTO MEDICAL(3 RESFRlCTED LICENSEPLATESq IGNITION 1NTERLOCK!7 D.I.. EXAM[NATION
CO1IIN4UNITY CONTROL SANCTIONS:.„•_
•,os•
I
DATE: JUDGE/MAGISTRATE:
WA.RNING: A PARTY SHALL NOT ASSIGN AS F.RROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY IIASTIMELY AND SPECIFICALLY OBJECTED il•IERETO AS REQUIRED BY CRIMBQAL RULE 19.
AYMENT DATE-
'1
ECEIPT N0:
05TS
ONCAR_
W [T FL'L'
::URY FEES
DU
P. FEES:
F[iE
MV FHE
o7AI. PAID:
PRE-ROLL: MALLORY/WILLiAM/ LaACTIVATE DATE: 09/28/2006
CASE: / 06/CRB/38498 COMM.CONTROLVIOL.:
DEFENDANT: DIENGEg/ELLERCTLNO:2684072 TICKET:
SEC. VIOL: 2911-21A1 ORCNCHARGE: TRESPASS-ECNOWINGLY. M4ARREST DATE: 09/27/2006JMSNUMBER:SEX
_F D.O.B.03/06/1984
DEF. COUNSEL: GALLAGSER/WILLIAM/RPROS. WIT: CP.RNEY/PO
IN^
TO'I'itE SHERIFF OF HAMII.1ON COUNTY, GREETINGS: Where as, the abave defendant was arresmd and chargcd w'nb the above section number. For good causeshown, the defendant is ardeted to give bail in the sum indicated below. You are, thcrefine, commanded to rcce'rve the defendant i nto your custody until the trial date, or untilhe/shc gives bail as ordered Or, whemas, dte above dekndant, having been tded and convicted ofsaid charge(s) is sentenced, as indicated below. Therefore, wa commend youto rersivc rhe dcfendmn into your cusiody, therc to remain undl helshe hu fuAy executed the tenns of Ua: sertencc, or. un61 ofiarwise discharged by due aootse of law.
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arraignment - Probable cause to hold demonstrated O iES O No
OPJ $ Unsecured bond perCrim.R.46(A)(1)5 Bond @70916 per Cr)m.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
d
2
r^^ ^ • ^-^^-o
Date The decision of the magistrate is adopted and the recommended sentence is entered JUDGEas the judgment of the cowt.
n1WlILeUn\.VUfYr I MUm^u+www
CASE: / 06/CRB/38498
DEFENDANT: DIEt3GER/`3LLEIdCTLNO: 2684072
SEC. VIOL: 2911-21A1 ORCK
JOURNAL ENTRY - COMMITMENT/SENTENCF.
P RE-ROLL:MAL LORY /W I L L IAM / L
TICKET:
(check if applicahle)
ulVFAffISTF'.A'I'E'S DECISION
CHARGE: TRESPASS-I{NOWixGI.Y M4ARREST DATE: 09/27/2006JMS_NUMBER:
SEX: F D.O.B. 03/06/1984IIEF. COUNSEL: GR.LLAGFiER/WILLIAM/R
PROS. WIT: CARNEY/PO
PLEA: FINDING: O.V.1 CONVICTIONS W/IN PREV.6YRS:
TO THE SHERIFF OF IIAMILTON COUNTY, GREETINGS:Wherees, ihe above defendant was arrested and charged with the above section number. Whereas, the above defendant, having been nicd and convicted of said charge issentenced, as indicated below. Therefore, we command you to receive the defendant into your cuslady, thcro to remain until heJshe has iblly execuled the tcmts of tltcsentence, or until olherwise discharged by due wurse of law.
DAYS: SUSP: CREDIT TIME: STAY:
FDJE: REMIT: SUSP: STAY:
COSTS; REMIT; SUSP; STAY:
n COMMUNfPY SERVICE IN UEU OF FINES
LANGUAGE INTERPRECER FEE:
C6MAtUNITY CONT'ROLt DAYSIPrtOSIYRS. PAY TBRU:
pRTVING CONDIT[ONS: DRIVING SUSPFNSION:
q OTHER
DAYSIMOStYRS EFFECTIVE DATE:
^ FRA COMPLfANCE: FRWIVON COMPLIANCE: I VEH.IMMOBILIZATION DAYS 17ORFCI7URE: YES NO& PLATES IMPfNINDED
CREDIT DAYS HELD
q DEFENDANT IS GRANTED LIAIITED DRIVNG PRIVILEGES AS FOLLOWS AFTER dtANDATORY SIISPENSION EFFECT1VEtCURRENT F.R.A. COMPLIANCE SIiOWN.O OCCUPATIONAL • 'O VOCATIONAL • • ' 'O EDUCATIONALO COURTTREATIMENT0 MEDICALq RESTRICTED LICENSE PLATESq IGNITION INTERLOCKD D.L. EIfAJ•IINATION
COMMUNITY CONTROL SANCTI©NS:
q FINES AND DAYS CONCURRENTO COMmT 0 TURNING POINTq CONSECUTIVE 13 NOT ELIGIBLE FOR 2 FOR Iq NOEARLY RELEASE q NO'f ELIGIDI.F. FOR 3 FOR Iq EXTENDED TREATMENTO REWARDS JAIL INTERVENTION FOR WOMENO ANY TREATMEN'I' IF ELIGIBLE
DATEI JUDGE/MAGISTRATE:
WARNING: APARTYSHALLNOTASSIGNASERRORONAPPEALTI[ECOURT'SADOPTIONOFAMAGISTRATE'SFACFUALFL\DiN'GORLEGAI.CONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CR[MINAL RULE 19.
^AYh1ENT DATE:
^ECBIPTNO:_,•
F7NE:_
STS__
AtCAR,
Cr FeES:,
Y FEES:_
^P.n. FEES:_
eMV FM._
TOTAL PAID;
PRE-ROLL: MAI,LUKZ / wla,s.-.esaWACTIVATE DATE: 09/281z006
CASE: /06/CRB/38498 COMM. C.ONTROLVIOL.:
D EF eN D ANT: 1) 1F.tL1'G9R/E =N
CTLNO:2684072 TIChET:
SEC. VIOL: 2911-21A1 ORCNCHARGE: TRESPASS-IQiOWINGLY 144
ARREST DATE: 09/27/2006IMS NUMBER:SEX: F D.O.B. 03/06/1984DEF. COUNSEL: T.T.nr_wt.'u/WILLTaM/R
PROS. WIT: CARNEY/PO
TO TbIE SHERIFF OF HAMILTON COUNTY, GREET7NOS: Where as, the above defendant was arrested and charged vAth t he above section number. For good causeshown, dz defendant is ordered to give bail in the sum in(licated below. You me, thercfore, cammanded to rece(ve the dekndant into your austody until the trial dae, or untilhelshe gives bait as ordared. Or, when:as, the above defendant having been tr(cd and convicted ofsaid charge(s) is scnuneed, as indicated below. Themfore, we command youto receive the defendani into your custody, thero to remain until hdshe has fufly executed the tomts orihe sentence, or until othvwise discharged by due course of taw.
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arra(gnment- Probable cause to hold dernonstrated ) xsS ()nw
OR/ $ Unsecured bond per Crim.R.46(Ax1)$ Bond @10% per Crim.R.48(A)(2) or (3)$ Secured Bond per Crim.R.46(P,)(3) Only
Conditions:
6-07-07 ^. 3
3 (q1&?
Date The decision of the magistrate is adopted and the recommended sentence is enteredasthejudgtnentofthecourt.
JUDGE
JOURNAL ENTRY- COMM frMENTlSENTENCE
PRE-ROLL: MALLORY/WILLIAM/L
CASE: /06/CRB/38498
DEFENDANT: DIENGER/ELLENCTLNO: 2684012
SEC. VJOL: 2911-21A1 ORCNTICKET:
(checkifapplioable)
®NIAGIS'TRA'I'E' S DECISION
CHARGE: TRESPP.3S-I¢70WrNGI.Y M4ARREST DATE: 09/27/2006JMS_NUMBER:
SEX: F D.O.B. 03/06/1984DEF. COUNSEL: GP.LLAGEER/WILLIAM/R
PROS. WIT: CARrFEY/PO
PLEA: FINDING: O-V-1 CONVJCTIONS WflN PREV.6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, OREETINGS:Whereas, the above defendunt was anrsted and ohargad with the above section number. Whercas, the above defendant, having been tcicd and convicted of said charge issentenced as indicated belmv, Tborefore, we command you to rcccive tho defendant into your custody. , tbe¢ to remain until helshe has fully executed the tetms of titesentence, or tuttil otherwise discharpxd by due covse of law.
DAYS: SUSP: CREDIT TIME:_ STAY:
FINE: REMfT: SUSP: STAY:
COSTS: REMIT: SUSP: STAY:
0 COMMUNlTY SERVICE IN LIEU OF FINES
LA'NGUAGE INTERPRETER FEEt
COMMUNITYCONTROL: DAYSTIOSIYR.S. PAY't•F[RU:
q FINES AND DAYS CONCURRENTq COMMIT O TURNING POINTq CONSECUCIVE - 0 NOT ELIGIBLE FOR 2 FOR Iq NO EARLY REIPASE q NOT EL[GIBLE FOR 3 FOR IO EXTENDEDTREATMENTq REWARDS JAIL INTERVENTION FOR WOMENq ANY TRE4TMITIT IF ELIGIBLEq OTHER
DRIVING COND[TIONS DRIVING SUSPENSION: DAYSlIAOSlYRS EFFECTIVEDATE:
FRA COMPLIANCE: FRAINON COMPLIANCE: IVEH]MMOBILIZATION DAYS FORFBITURE: YES NO&PLATESIMPOUNDED
CREDIT DAYS HELD
q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AF'fER IHANDATORY SUSPENSION EFFECTIVE:CURREN'1'F-R.A.COMPLIANCESHOWN. - • '
q OCCUPATIONALq VOCATIONA], •q EDUCATIONALq COURT TREATMENTQ MEDICALq RESTRICTED LICENSE PLATES . , 'q IGNfIlON INTERLOCKq D.L.E.YAMINATION
COMMUNITY CONTROL SANCTIONS:
DATE: JUDGEJMAGISTRATE:
WA NG: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL TIiE COURT'S ADOPTION OF A]4IAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO.VS REQUIRED BY CRIMINAL RULE 19.
E6.,Y.•!r.^rrDATE:
'ECEIF'f NO^^ e
1NE:'
osrS:
rYiNCAR:
1
T FEES:
URY FEPS:
.D.FErS:
II' FEE:
8 [v1:V FEE:
^TOTAL PAID:_
PRE-ROLL: MALLORY/ WILLlAM/ LACTIVATE DATE: 09/20006
CASE: / 06/CRB/38498 COMM. CONTROLVIOL.;
DEFENDANT: DI^'NC-ER/ELLEN
CTLNO: 2684072 TICKET:
SEC. VIOL: 2911-21A1 ORCN
CHARGE: TRESPASS-FQJOWINGLY M4ARREST DATE: 09/27/2006JMS NUMBER:SEX: F D.O.B. 03/06/1984DEF. COUNSEL: C'>A'LLAGFFER/WILISAM/R ,ja^101ee.k_PROS. WIT: CARLTEY/PO
N
FER
Z=
TO TNE SHERIFF OF HAM3LTON COUNTY, GREETINGS: Whcre as, the above dcfendant was anested and charged with the abovc section number. For good causesho•vn, lhe dcfendant is ordered to give bail in the sum indicated below. You arc, therefore, conunanded to receive the dcfendant into yoor custody until the trial date, or uotilhe/she gives bail as ordered. Or, whereas, the above defendant, having been tried and convicted of said charge(s) is sentenced, as indiceted below. Therefore, we command youto receive the defendant into your eustody, there to «main until he/she has fully executed the terms of the sentence, or until otherwise discharged by due course of law.
DATE ACTION ' SIGNATURE OFJUDGE/MAGISTRATE
Arraignment - Probable cause to hold demonstrated ()Yss () No
ORr $ Cinsecured bond per Crlrn.R.46(A)(1)$ Bond @10% per Crim.RA6(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
CcAA^ 7Tr/06/t^tB/38498
COLktT DARE:03' -- DIFZ1^tJELi.EN 3T KSC:M iebu aj.R•/05/07 AT 1t00 PM IN ROOM 174 COURZ'HOU88 a 9
45.418t. W. extended
3-05-07 v6^Adzv_w 7 I; v e)
No 7 / ;
v #Date The decision of the magistrate is adopted and the recommended sentence is entereiras the judgment of the court.
JUbGE
JOUKNAI. ENTRY - t:UMMt t MGn lracn ^ o. ^..
CASE: / 06/CRB/38498
DEFENDANT: DIENGER/J'LLEIEN
PRE-ROLL: MALLOftRY/WILLIJAM/Lr
(chcck if applicable)
0MIAtR[S'I'ItA'TE'S DECISIONCTLNO: 2684072
SEC.VIOL: 2911-21AI ORCNTICKET:
CHARGE: TRESPASS-I{NOWSNGLY M4
ARREST DATE: 09/27/2006JMS NIJMBER:-
SEX: F D.O.B. 03/06/1984DEF, COUNSEL: GALLAGHER/i«TILLIF►IK/R
PROS. WIT: CRRNEY/PO
PLEA: FINDING: O.V-t CONVICTIONS W/IN PREV.6YRS:
Tt] THE SHERIFF OF I-IAMILI'ON COUNTY, GREETINGS:Whereas, the above defendant was artested and eharged with the above section number. Whereas, the above defendanl, having becn tried and convicted of said eharge issentenced, as indicated bclow. Tbercfore, we command you to receive the defendant into your custody , them to remain uneil hcishe has fully exeouted the terms of thcsentence, or until otherwise discharged by due oaurse of law.
DAYS: SUSP: CREDIT TIME: - STAY:
FINE: REMI'I': SUSP: STAY:
COSTS: RL'MCf: SUSP: STAY:
q COMMUNITY SERVICE IN LIEU OF FINES
LANGUAGE INfERPRETER FEE:
C:OFiMUNITY CONTROL• DAYS/MOSIpRS PAY TEIRU-
q FINES AND DAYS CONCURRENTq COMMIT LI TURNING POINTq CONSECUTIVE q NOT EEJGISLE FOR 2 FOR 1q NO EARLY RELEASE q NOT ELIGISLE FOR 3 FOR Iq EXTENDED TREATMENTq REWARDS JAILIM'ERVENTION FOR WOMEN0 ANYTREATMENT IF ELIGIBLEq O719ER
D•R NG CONDIT1ONSe DRIVING SUSPENSION: DAYS/MOSIYRS EFFECTIVE DATE'
FR.A COMPLIAldCE: ERAlNON COMPLIANCE: 1 VEH.IMMOBILIZATION DAYS FORFEITURE; YES NO& PLATES SMPOLINDED
CREDIT DAYS HELD
q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECFEVE:CURREN'E' F,1LA. COMPLIANCE SEIOWN. • ' '
q OCCUPATIONALO VOCATIONAL13 EDUCATIONALO COURT TREATMEN'f13 MEDICALO RESTRICTED LICENSE PLATES,
. ' 'El IGNITEON INTERLOCKO D.L. EAAMINA'1'ION
COMMUNITY CONTROL SANCTIONS;
DA.'E'E: JUDGE/StAGISTRATE:
t='ARNENG: A PARTY SFLlLL NOTASSIGN AS ERROR ON APPEAI. TEEE COURT'SADOPTIONOF A ttAG1STRATE'S FACTUAL FhVDING OR LEGALCONCLUSION UNLESS'IHE PARTY EIAS T4MELY AND SPECEFICAt.LY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
yYS"-LM,*ronTE;
EcBirrr^,'` •
fNE
:ossS:
:ONCAB:
VLT FErS:
URY FE[3
'.D. t•'F•FS-
JP FEE:
3MV FEG:
fbTALFAID
S-Mi;KI]ALE.-
m •
szs
so
TO TIiE StlER1FF OF HAMILTON COUNTY, OREETINt7S: Where as, the above dcfendant was anested and ehargad with the above seetion number. For good causeshown, the derendent is ordeeed to give bail in the sum indicated below. You aro, thereforc, commanded tu rexive the defondant into your custody until the trial date, or untilhelshe gives bail as ardered. Or, whereas, the above defendant, having been tried and convicted ofsaid eharge(s) is sentenced, as itidicated below. Therefore, we command you -to receive the defendant into your cusrody, there to temain until he/she has fullyexeeuted the lerms of the sentence, or until otherwise discharged by due course of law.
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
09/28/2006 JCA12 : 3 0 pm Arralgnment • Probab!® cause to hold dernonstrated - C ) Yae O No
OR! $ Unsecured bond per Crim.R.46(A)(1) GRANT/CAI;RYL/D
$ Bond @10"/o per Crim.R.46(A)(2) or (3)Secured Bond per Crim.R.48(A)(3) Only
,,•ii ` Canditions:
WRITTEN PLEA OF NOT GUILTY/06/CRH/38498 DIIMMR/F.U,pi PT R7A'PCYJIIRT DATI~:10/06/06 AT 9:00 .4li IAI RtYJAd 174 CQIJR'!€iCTE1SI;
C^C: CkQ -s$"E(t,
/ -6-o 0 ln - /cQ -4 q+ re9 i'
,' ^ -^./g/^i^^9s
OOFIRfi DA2Fs: @1/2
n^I^2/@7 AT 19: C^ RM SFf ROOI4 116. ^ tj0(!S 0( ^t^ Cf r^^4^J 71 ^r5^. . BdC19 Q^
-'fne aeciston oI'tiSe magistrate is adopted and the reeo ed^ ^ if red u geas the judgment of the court.
ACTIVATE DATE: 09/2812006
CASE: / 06/CRB/38498
DEFENDANT: I) I L*'NC"s S P. /$L L NIvTCTLNO: 2684072 TICKET:SEC. VIOL: 2911-21A1 ORCNCHARGE: TRESPASS -KNOWINGLYARRESTDATE: 09/27/2006JMS nRJMBER: 1219804SEX: F D.O.B.03/06/1984DEF. COUNSEL:
COMM. CONTROLVIOL.:
M4
^'-PROS. WIT: CARNLY/I^
1
- ^'JOURNALENTRY-COMiYtITMENTISENTENCE
PRE-ROLL: MALLORY/N)ILLi N-M/L
CASE: /06/CRB/38498(ebeck if applicebte)
DEFENDANT: DIENIGER/B;LLEi3 qMAGIST'RATE'S DECISIONCTLNO: 2684072 TICKET:
SEC. VIOL:
CHARGE:
2911-21A1 ORCN
TRESPASS-KNONIN(iLY M4
ARREST DATE: 09/27/2006JMS NUM$EIA: 1219804
SEX:DEF. COUNSEL:
PROS. WI'Ct
F D.O.B.
CARPtEY/PO
03106/19.84
PLEA: FINDING: O.V.I CONVICTIONS WIIN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Wheroas, the above defendant was arrested and eharged with thc above section number. Whereae, the above defendant, having been tried and convicted of said charge issentenced, as indicated below.. Therefore, vie conunand you to receive the defendant into ye¢r cusLOdy , there to remain until hUshe has fully executed the tcrms of thesmtcnec. or until othmvise diacharged by due eourse of 1ew,
DAYS: SUSP: CREDIT TIME: ___ STAY:
FINE: REMIT: SUSP: STAY:
COSTS: REMIT: SUSP: STAY:
Q COMMUNITY SERVICE IN LtEU OF FINES
q FINFS AND DAYS CONCURRENTq COMMtT q TURNING POINTq CONSECUTIVE q NOTELIGIBLEFOR2FORIQ NO EARLY RELEASB q NOT ELIGIBLE FOR 3 FOR Iq EXTENDEDTREATMENTQ REWARDS JAILINTERVENTiON FOR WOMENq ANY TREATMENT IF ELIGIBLEq OTHER
LANGUAGE tNTERPRETER FEE:
C4MMUiV[TYCONTROL: "DAYSlMOSlYRS, PAYTHRU:
gRIVINGCONDITIONS: DRIVINGSUSPENSIONi DAYSlMOSl1'RS EFFECTIVEDATE:
FRA CONiPLiIWCE: F'Rll(NON CONPPLIItNCE: l VEH.lMMOHILIZATION DAYS FORFEITURE: YES NO& PLATL•S IMPOUNDED
CREDIT DAYS HELD
D DEFENDANT IS GRANTED LIMlTED DRIVING PRIVILEGES AS FOLLOH'S AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A COMPLIANCE SHOWN.
13 OCCUPATIONALO VOCATIONALD EDUCAITONAL'q COURTTBEATMENT
tO MEDICAL^ ^ ^ O RESTRICTED LICENSE PLATES
6 IGNITION INTERLOCK0 D.L.EXAMINATION
COMMUNITY CONTROL SANC17ONS:
I
\ t . t • ' I^ - . .
DATE: 3UDGE/MAGISTRATE:
w'.4.RNLNG: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LECALCONCLUSION UNLESS THE PARTY HAS TIMELY ANDSPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
JLA'1:1t)N: 29I1-21AI TRESPASSdCNOYVIIVGLY 'M4
PLEA: Not Gullty FINDING: Gulily[E DEFENDANT IS HEREBYSENTENeEW-AS FOLL-OWS: ....:- . .. .:. ." . .THE SHERIFF OF HAMILTON COUNTY, GREETINGS: The above defendant having been convicted and sentenced as indicated below, you are herebytmanded to receive hiMher into your custody, thefe to remain until the sentence has been funy executed or helshe is otherwise discharged by due course of law.IL:.YS: I CREDIT: I STAY: O.V.L CONVICTIONS in FRECEDING 6 YRS.:
TURNING POINT q CONSECUTIVE TOEXTENDED TREATMENT q 3 DAYS in DRIVERS INTERVENTION PROGRAMREWARDS JAIL INTERVENTION FOR WOMEN q 10 DAYS in TALBERT HOUSE TEN DAY PROGRAMNO EARLY RELEASE q 20DAYS in TALBERT HOUSE TWENTY DAY PROGRAMNO 2 for 1 OR 3 for 1 DETAILSTO BE SERVED
DAYS H.C.J.C. STAYED TO AT ROOMESIDEN-TIALSANCTI.ONS:_PIANC IAL SANCTIONS:
' FINE: OREMIT:COSTS j q LANGUAGEINTERPRETERFEEMONTHLY PROBATION SUPERVISION/COLLECTION FEES
] RESTITUTION TO S q PROBATION TO DETERMINE AMOUNT NOT COVERED BY INSUR.9 PAY ALL FIPANCIAL SANCTIONS THROUGH PROBATION DEPARTMENT BY THE 90'" DAY BEFORE COMMUNITY CONTROL EXPIRES.i _
STAY TO PAY TO: . . . " . - . .
)RIVER_..
'S LI._.. _CENSE:__ .. . . .
. . . - _.. ....:_ .-._.__._- ____..._ ..-_ _
] FRA COMP IANCE _ q FRA NON-COMPLIANCE '.. .^" . . . - - .. -.-:_-.
DRIVESt'S LICENSE SUSPENSION CREDIT ... DAYS FROM ALS,. EFFECTIVEq IMMOBILIZE VEHICLE DAYS. CREDIT DAYS. q FORFEIT VEHICLEq DAPOUND PLATES OF EVERY VEHICLE REGISTERED TO THE DEFETIDANT.
THE DEFENDANT IS GRANTED LIMII'ED DRNING PRIVII.EGES AS FOLLOWS:TO, FROM AND BETWEEN DEFENDANT'S RESIDENCE ANDq WORK
q EDUCATIgN
q MEDICAL APPOINTMENTSq COURT ORDERED TREATMENTq VOCATIONAL
UNLESS IT tS THE EMPLOYER'S VEHICLE BEING DRIVEN IN THE COURSE AND SCOPE OF EMPLOYMENT,q THE VEHICLE BEING DRIVEN MUST HAVE RESTRICTED PLATES.q THE VEHICLE BEING DRIVEN MUST HAVE AN IGNITION INI'ERLOCK.q DRIVING IS RESTRICTED TO THE HOURS:.
COMMUNITY CONTROL SANCTIONS:A VIOLATION OF THE COMMUNITY CONTROL SANCTIONS MAY RESULT IN A JAIL SENTENCE OF 10DAYS, OR A LONGER TLME UNDERTHE SAME OR MORE RESTRICTIVE COMMUNFFY CONTROL SANCTIONS.COMMUNITY SERVICE HOURS: 20T0 BE COMPLETED BY: 904 DAYBEFORE COMMUNITY CONTROL EXPIItES.
q MONITORED TIME
BASIC SUPERVISION 8 mos.
q INTENSIV,ESUPERVISIONq M.D.O. / M.R.O. PROGRAM
q DAYREPORTINO
q HOUSE ARREST w! ELECTRONIC MONITOR
q DRUG / ALCOHOL TREATMENT. q AbiF.ND PROGRAM.q EDUCATION, TRAINING, COUNSELING OR TREATMENT PROGRAMS RECOMMENDED BY PROBATION.q RANDOM DRUG AND ALCOHOL USE MONITORING DURING TEE PERIOD OF SUPERVISION. q NCTI CLASS® DEFENDANT SHALL NOT VIOLATE ANY LAW NOR LEAVE OHIO w/o PERMISSION OF THE COURT OR THE P OBATION OFFICESHALL ABIDE BY THE GENERAL RULES FOR PROBATIONERS. // ^.. A^^^
//OTHER SANCTIONS:3fi3/2007
.Y MENT DATE:
:Ce1FT NO:_
NE:
]STS:- U3'Q0
-^,NCARr
'IT FEES:4-50-
7RY FEFS:^o
D. FF.ES:
IP FEE:
M V fFE:
O'i'AL PAID:
PRE-ItULL:a•^asu+.....^, .
ACTIVATE DATE: 09J28/2006
CASE: / 06/CRB/38499 COMM. CONTROLVIOL.:
DEFENDANT: J9a'GEtd/M^..@Y ^CTLNO: 2684075 TICKET:
SEC. VIOL: 2911-21 ORCNCHARGE: CRIMINAL TRSSPASS M4ARREST DATE: 09/27/2006J MS_NUMBER:SEX: F D.O.B. 05/15/1928DEF.COUNSEL:GALLAGHER/WILLIAM/RPROS. WIT: PO/BIRC&
MI
'O THE St{ERIFF OF HAMILTON COUNTY, GREETINGS: Wherc as, the above defendant was arrested and cherged with the above scetion number. For good causehown, the defendant is ordered to give bail in the sum indicated bclow. Youate, thereforc, commanded to receive the defendaat into your custody until the trial date, or untilie/she gives bail as ordercd. Or, whercxs, the above defendani, having been tried and convicted of said eharge(s) is sentenced, as indicated below. Therclore, we command youo receive the defendant into your eustody, there to remain until hefshe has fully executcd the terms of the scntence, or until othenvise discharged by due eaurse or law.
DATE ACTION SIGNATURE OFJUDGE/M GI TRATE
Arraignment - Probable cause to hold demonstrated ( y YisS () xo
OR/ $ Unsecured bond per Crim.R.46(A)(1)$ Bond @10% per Crtm.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Condttions:
S 44,,-17-o T, -00
s
L?ate The decision bfthe magistrate is adopted and the recommended sentence is enteredas the judgrnent of the court.
JUDGE
JOURNALENTRY-COMMITMENTlSENTENCE
PRE-ROLL: MALLORY /WILLIAM/ L
CASE: / 06/CRB/38499
DEFENDANT;
CTLNO:
SEC. VIOL:
CHARGE:ARREST DATE:JMS_NUMBER:
SEX:
DEF, COUNSEL:
PROS. WIT:
PLEA:
JZGEN/MARY26840752911-21 ORCN
CRIMINAL TRESPASS
09/27/2006
TICKET:
M4
(checkifapplicable) . •
L7MAGISTFzA i E'S BECISI(?N
F D.O.B. 05/15/1928GALLAGflER/WILLIAM/RPO/BIRCH
FINDING: O.V.I CONVICTIONS W/IN PREV. 6YRS:
'O THE SHERIFFOF HAMILTON COUNTY, GREETINGS:Nhereas, the above defendant was arnsted and charged with the above section number. Whereas, the above defendant, having been tried and convicted of said charge is^enienecd, as indicated below, Thereforq we command you to receive the defendant into yonr custody, there to remain until he/she ha+ fully cxecutcd the rerms of thea:nrence, or until othenvise discharged by due course of lmv.
)AYS: SUSP: CREDIT TIME: _ STAY: -
-tNE: ILEMIT: SUSP; STAY:
COSTS: REMIT: SUSP: STAY:
0 COMMUNITY SERVICE IN WEU OF FINES
LANGUAGE INTERPRETER FEE:
CQMMUNiTVCONTROL: DAYS/MOSJYRS. PAYTIIRU:
pRIVING CONDITIONS: DRIVING SUSPENSION:
FRA COMrPLiANCE: FRFrfNON COMPLIANCE:, 1 VEH.IMMOBILIZATION DAYS FORFFITURE: YES NO& PLATES IMPOUNDED
CREDif DAYS HFLD
q DEFENDANT IS GRANTED LIMITED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:•CURRENT F.R.A. COMPLIANCE SHOWN.
E3 OCCUPATIONALq VOCATIONALq EDUCATIONALq COURTTREATMEN°I':q MEDICAL ^ .1 ^7. =13 RESTRICPED LICENSE PLATES0 IGNITION INT^RL.OCKq D.1.. EXAMINATION
COIs4MUNITY CONTROL SA`CFIONS;
t
I
IDATE: JUDGE/MAGISTRATE:
IWARNLVGr A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUU2ED BY CRIMINAL RULE 19. I
^
0 FINES AND DAYS CONCURRENTq COMMIT q TURNING POINTq CONSECUTNE q NOT E.IGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR Iq EXTENDEDTREATMENTU REWARDS JAIL INTERVENTION FOR WOMENq ANY TREATMENT IF EUGIBLEq OTHER
DAYS/MOSfYRS EFFL'CTIVEDATE:
'AYMENT DATE;
LECL'L'T N0.
:OSTl
;ONCAR:
Nr1' PEHS
URY FEES:
'.D. PGE.Sr
.IP F'EE
1Mv F2E:
fOTAL PAtD:
^^II I^il
Nf4
®
r0 THE SHERIff OF HAMILTON COUNTY, GREETINGS: Whae as, theabove defcndant was artested and ohargod with the abovesec6on number. Forgood cwsecho,wn, the defendant is ordered to give bail in the sum indicated bclow. You are, therefore, commanded to receive Ihe defindant into your custody until thc trial date, or untiltc/shc gives bail as ordered. Or, whereas, the above defendant, hav(ing been tricd and cenvicted of said charge(s) is semenced, as indicated below. Thererore, we command you:o receive the defcndant into your custody, there to remain until he/she has ftdly executed the temts or tlu sentence, or until otherwise distharged by due cuursc oflaw.
DATE ACTION SIGNATURE OFJUDGB/MAGISTRAT$
Arraignment - Probable cause to hold demonstrated () srs () tao
OR/ $ Unsecured bond per Crim.R.46(A)(7)$ Bond @10% per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
awAC Pate^
Date The decision of the magistrate is adopted and the re.commended sentence is enteredas the judgment of the court.
JUDGE
,s.PRE-ROLL: MALLG`RY / w1Ll+tru-i1
ACTIVATE DATE: 09/2812006
CASE: / 06/CRB/38499
DEFENDANT: JEGEI3fI`S.Ii.Y
COMM. CONTROLVIOL.:
CTLNO: 2684075 TICKET:
SEC. VIOL: 2911-21 ORCN
CHARGE: CRIMINAL TRESPASSARREST DATE: 09/27/2006JMS NUMBER:SEX: F D.O,B.05/15/1926DEF.COUNSEL: GALLAGHER/WILLIAM/R
PROS. W[T: PO/BIRCB
CASE:
DEFENDANT:CTLNO:
SEC. VIOL:
CHARGE:ARREST DATE:JMS_NUMBER:
SEX:
DEF. COUNSEL:PROS. WIT:
PLEA: FiNDING: O.V.I CONVICTIONS W1IN PREV. 6YRS:
TO THE SHERIFF OF NAMILTON COUNTY, GREETINGS:Whereas, the above defendant was amested and aharged with the abave sectien number. Wherca.c, the above de&ndant, having been tried and convicted of said charge issentenexd, as indicatcd below. Therefore, we eommand you to recriire the defendant intD }rour custody, thero to rcmain until helshe has fully executed the tetmsuf thescatenee, or antil ottterwise disehatged by due em+rsc of law.
DAYS: SUSP: CREDIT TIME: -STAY: 0 FINES AND DAYS CONCURRENTq COMMIT Q TURNING POINT
FINE: REMIT: SUSP: STAY: q CONSECUTIVE q NOT ELIGIBLE FOR 2 FOR Iq NO EARLY RELEASE 0 NOT ELIGIBLL• FOR 3 FOR I
COSTS: REMIT: SUSP: STAY: q EXTENDED TREATMENTq REWARDS JAIL INTERVENTION FOR WOMEN
Q C'OMMUNrrY SERVICE IN LIEU OF FINES D ANY TREATMENT IF EUGIDLEQ OTHER
LANGUAGE INTERPRETER FEE:
CEx;yt11UN1TY CONTROL: DAYS/bIOSlYRS. PAY TllRU:
DRCYINGCONDTIONSc DRIVINOSUSPENSION: DAYSJMOS/YRS EFFECTIVEDATE:
FRA COMPLIF6NCE: FRDJNQN CONtPL1ANCE: 1 VEH.Rv1M08lL1ZATION DAYS FORFEITURC: YES NO1kPLATESIMPOUNDED
CREDI'f DAYSHE[A
13 DEFENDANT IS GRANTED LAf1TED DRIVING PRIVILEGES AS FOLLOtiYS AFTER D3ANDATORY SUSPENSIO;` EFFECTIVEe,CURRENT F.R.A. COMPLIAI4CE SHOWN. ' •
d OCCUPATIONALq VOCATIONALO EDUCATIONALO COURTTREATMENTq MEDTCALq RESTRICTED LICENSEPLATESq IGNITION IATERLOCKq D.L. EXAMINATION
COMMUNITY CONTROL SANCTIONS:
DA'FE•
JOURNAL ENTRY-CO4IMITMENTlSENTENCn
PRE-ROLL: MALLQRY/WILLIAM/L/06/CRS/38499
t7EGENNALRY26840752911-21 ORCN
CR2MINAL TRESPASS
09/27/2006
TICKET:
M4
(check if applicable)
DMAGISTRATE'S IDRCISI()N
F D.O.B. 05/15/1928GALLAGEBR/WILLIAM/RPO/BIRCH
JUDGE/M1LtGISTRATE:
WhRN[NG: A PARTY SHALL NOT ASSiGN AS ERROR ON APPEAL THE COURT'S ADOPTtON OF A NfAGtSTRATE•S FACTUAL F[NDING OR LF.GAI,CONCLUSION UNLESS TH4 PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
PAYMEiNT DATE:
RECEtI'T NOi_
INE: '
OSTS
ONCAR
W[T FE'ES:__
URY FEES:__
'.D. FEC-5:
.IP FEE:
13M V FEE:
OTAL PAID:_
PRE-ROLL: MALLORY / W I LLltun/ tjACTIVATE DATE: 09/28/2006
CASE: / 06/CRB/38499 COMM. CONTROLVIOL.:
DEFENDANT: JEGsJ+'N j MFaRY
CTLNO: 2684075 TICKET:SEC. VIOL: 2911-21 ORCNCHARGE:CRIMINAL TRESPASS M4
ARREST DATE: 09/27/2006JMS NUMBER;SEX: F D.O.B.05/15/1928DEF. COUNSEL: GALI.AGHER/WILLIAM/RPROS. WIT: PO/BIRCH
III i
^
TO THH SEIERIFF OF NAMILTON COUNTY, GREEfINGS: Where as, the above defendant was artested and charged with the above section number. For good causesho.vn, the defendnnt is ordered to give bail in the sum indicated below. You are, nscrefore, commanded to receive the defendant into your custody until the trial dale, or untilhetshc givesbail as ordered. Or, whereas, the above defendant, baving been tried and convlcted ofsaid charge(s) is sentenced, as indicated below. Tfierefore, we command youto receive the defendant into your custody, there to remain un(t hdshe has fully executed the tcans of the sentence, or until utherwise discharged by due ceurse of law.
DATE ACTION SIGNATURE OFJUDGElMAGISTRATE
Arraignment - Probable cause to hold detnonstrated ()YEs () No
OR/ $ UnsecuredbondperCrim.R.46(A)(1)$ Bond @10"/e per Crim.R.46(A)(2) or (3)$ Secured Bond per Crim.12.46(A)(3) Only
Conditions:
09a ^s'^""'^ mV"V7•I G[A
TVV-C ^^v^•/v -^ ^-^rrti^i^ +^6* '^ 71*
vv^ (Y1tt-}r^,elYn 'J^^ -C^l +k^p-OC2 rUV^ OS D 1r^ %j 1
^o^ser^ ^l^I i vS[J
^k^ 3 -0 U- lcDate The decision of the magistrate is adopted and the recommended sentence is tter JUDGE
asthejudgmentofthe court.
JOURNAL EM'RY-COMMITMENT/SENTENCE
PRE-ROLL: MALLORY /P7I LLIAM/LCASE: / 06/CRB/38499
DEFENDANT:
CTLNO:
SEC. VIOL:
CHARGE:ARREST DATE:JMS_NUMBER:
SEX:
DEF. COUNSEL:PROS. WIT:
PLEA:
JEGEIq/1,1ARY26840752911-21 ORCN
CRIMINAL TRESPASS
09/27/2006
TICKET:
F D.O.B. 05/15/1928GALLAGBER/WILLIAM/RPO/BIRCH
M4
(check if applicable)
qMA.C'iISiRAiF.'$ I3ECfiSiON
FINDING: O.V.I CONVICTIONS W/IN PREV.6YRS:
TO THE SHERIFF OF HAMILTON COl1NTY, GREETINGS:Whereas, the above defendant was atrested and eharged with the ahove seetion number. Whercas, the above dcfendant, having bcen Uied end canvicted of suid charge issenienced, as indiceted below. Therefore, we cammand you to receive the defendant into your custody, , thore to remain untit he/she has Polly ezccuted the terms of thesenacocq or urail otherwise dischargcd by due course of law,
DAYS: SUSP: CREDIT TIME: ___,_ STAY:
FINE: REMIT: SUSP: STAY:
COSTS: REMIT: SUSP: STAY:
0 COMMUNCCY SERViCE IN UEU OF FINES
LANGUAGE INTERPRETER FEE:
COMMIINITY CONTROL; DAYSlMOSlYRS PAY THRU:
q FINES AND DAYS CONCURRENTq COMMff q TURNING POINTq CONSECUT[VE O NOT ELIGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT EUGIBLF FOR 3 FOR Iq EXTENDED TREATMLNTq REWARDS JAILINTERVENTION FOR WOMENq ANY TREATMENT IF ELIGIDLED OTBER
DRJViNGCONDtT1ONS: DRIVRdGSUSPENSION: DAYSlMOSIYRS EFFECI4VEDATE:
FRA COMPLIAhlCE: FRAINOFi COMPLIANCE: I VEH.IMMOBILCJ.ATION DAYS, FORFEITURE: YES NO& PLATES IMPOUNDED
CREDiT DAYS HELD
q DEFENDANT IS GRAA°fED LI.MITED DRIVING.PRI VI LEGES AS FOLLOWS AFFER MANDATORY SUSPENSION EFFECTIV E:CURRENTFdt.A.COMPLIANCESHOWN. • '
q OCCUPATIONALq VOCATIONALq EDUCATIONALQ COURTTREATMENTq MEDICAL ' •q RESTRICTED LICENSE PLATESq IGNITION INTERLOCKq D.L. EXAMINATION
CO,`3MUNITY CONTROL SANCf1ONS:
t
DATE: JUDGEIMAGISTRATEt
WARNING: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEALTHE COURT'S ADOPTION OFA tt3AG19fRATE'S FACTUAL FiNDING OR I.EG A ► .CONCLUSION UNLFSS THE PAR'rY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
AyMENT DATE:_
ECEIPT NO:,
INE:'
OSTS:
CASE: /06/CRB/38499
DEFENDANT: aTEGEI3/MARY
PRE-ROLL: MALLORY/WILLIAM/ LACTIVATE DATE: 09/28/2006
COMM. CONTROLVIOL.:
NCAa: 2684075 TICKET:CTLNO: 0T FEFS;
I
SEC. VIOL: 2911-21 ORCN
URY FEES: CHARGE: CRIMINAL TRESPASS Id4 0
.D.F'FEs;ARREST DATE: 09/27/2006JNIS NUivIBER: ®
IP FEE SEX: F D O.B.05/15/1928N,av FE^
.t=
DEF. COUNSEL: GALLAGHER/WILLIAM/R
TALPAID: PROS. WIT: PO/BIRCH
h I^
TO THE SHERIFF OF HAMILTON COUNTY, GREETlNGS: Wtcere at, the above defendant wzs amsted and charged with the above sectioa number. For good causeshown, the defendanl is ordered to give bail in the sum indicated below. You are, therefore, commanded to rcceive lhe defendara into your cus4ody until the.trial date, ar untilheJshe gives bail as ordered. Or, whereas, the abovc defendnnt, having been tried and convicted of said chnrge(s) is sentenced, as indicated below. Thcuefore, wo command youto nxeive Ihe defendant Into your custody, there to remain unlil he/she has fuNy execmed tlte terms of the scntence, or until otherwise diseharged by due cuursc of law.
DATE ACTION SIGNATURE OFJUDGE/MAGISTI2ATE
Arraignment = Probable cause to hold demonstrated t) iES ()No
ORl $ Unsecured bond per Crim.R.46(A)(1)$ Bond @16% per Crim.R.46(A)(2) or (3)$Secured Bond per Crim.R.46(A)(3) Only
Conditions:
^-- -07•o? 30^ pF
^
^'^\r W ^ V " l. • ^t/' ^+^, `-- - ^ . -714^
Date The decision of the magistrate is adopted and the recommended sentence is entered JUDGEas the judgment of the court,
JOURNALEN1RY-COMMITbIENTlSENTENCE
PRE-ROLL:MALLORY/AtILLIFsM/,L.
CASE: / 06/CRB/38499
DEFENDANT: dTECsE1-9/L%-Pff
CTLNO: 2684075SEC. VIOL; 2911-21 ORCN
TICKET:
CHARGE: CRZMINAL TREBPASSARREST DATE: 09/27/2006]MS_NI.JMBER:
SEX: F D.O.B. 05/15/1928DEF. COUNSEL: GALLAGSER/WILLIAM/R
PROS. WIT: PO/BIRCH
M4
(chectc if applicable)
13MAGISTRATE'S DECISION
PLEA: FINDING: O.V.] CONVICTIONS W/IN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETlNGS:Whercas, the above defendant was anested and charged with the abovc section number. Whereas, the above defendant, having been tried and cunvicled of seid cherge issentenced, as indicated betow. Therefore, we command you to receive the derendant into your custody , Ihere to remain tmtit hdshe has fully execured the terms ofihesontenee, or trntll otherwise dischargcd by due course of law.
DAYS: SUSP: CREDITTIMESTAY:_ q FRJESANDDAYSCONCURRENT17 COt.1MIT 0 TURNING POiNT
FINE: REMIT: SUSP: STAY:____ OCONSECUTlVE 0 NOTEL[GIBLEFOR2FOR1q NO EARLY RELEASE O NOT ELIGIBLE FOR 3 FOR I
COSTS: REMIT: SUSP: STAY: QEXTENDEDTREATMENT
q COMMUNITY SERVICE 114 UEU OF FINES
LANGUAGE WfERPRETER FEE:
q REWARDSlAIL tNTFRVENTION FOR WOMENl7 ANY TREATMENT IF ELIGIBLEq OTHER
COMf1tUNITV CONTROL: DAYSlMOSIYRS PAYTIIRUr
pRIVINGCONDI'FIONS: DRIVING SUSPENSION: DAYS/MOS/YRS EFFECTIVEDATE:
[FRA COMPLIANCE: FRAINON COMPUANCE: I VEH.IMMOBILIZATION DAYS FORFEITURE: YES NO&PLATESIMPOUNDED
q DEFENDANT IS CRANTED LIAIITED DRIVING PRIVILEGES AS FOLLOWSAFTER M1LLNDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A. CONIPLIANCE SHOWN. t
O OCCUPAI'IONAL0 VOCATIONALq EDUCATIONALq COURTTREATME\Tq ofEDICALq RESTRICi'ED LICENSE PLATESq IGNITION INTERLOCK . •• D.L.EXAMINATION
DATE: JUDGE/SiAGISTRATE:
WMEIINING: A PARTY SHALL NOT ASSIGN AS ERROR ON APPEAL TIIE COURT'S ADOPTION OF A MAGISTRATE'S FACPUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRU.7INAL RULE 19.
^i'A^'MEt^•DATE:^_
ECL•IP'I'NCt._; •'••^ Y
IIIYY`^!lIIVV^-E:
bSTS:_
DNCAfC _,
rr FEES:__
URY F'EES:_
A. FEES:_
P fEE:_
M V FE@,
COTAL PAID:
III
:=
95
TO THE SHEt21FF OF tIAMILTON COUNTY, GREETINGS: When as, the above defendant was atrested and charged wiili the above seciion number. For good causeshown, chc dcfendant is ordered to @ive bail in the sum indicated betow. You arc, thercfore,commended to receive the detendant inlo your custody until the trial date, or untilhe/she gives bail as ordered. Or. whereas, the above defendant, having been tried and canvicted of said eBarge(s) is sentenoed, as indicated beloiv. Therefmr, we eommand youto receive the defendant into your custody, there to remain nntit he/she has fully euecuted the terms afthe sentence, or until otherwise discharged by due course of taw.
DATE ACTION SIGNATURE OFJUDGE/MAGISTRATE
Arraignment - Probable cause to hold demonstrated () xss () No
ORI $ Unsecured bond per Crim.R.46(A)(1)$ Bond @70% per Crim.R.46(Aj(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditions:
1._^, -© Ce^ 7T`s ^/06/CRB/38499 .7 E?;IIP/MARy -j,j, a19 ^ •^ •WEJRP DATE:03/05/07 AT 1:00 PH IN ROOM 174 COUF24ciQUSE ^;E Y-aa 'Z .o
3-05-07 V0-1,Ad1-4- {9f) •
3~^ `07 ^'"".. ^^ •^
4eo Ow^ E"pjAe u 6-s vl 0'P^- [/t
e-3 (7ro -7 t ,;O'f ) '.Date 'rhe decision of the magishate is adopted and the recottunettded sentence is ente JUDGE
as thejudgment of the court.
PRE-ROLL: MALLORY /WILLI.AM/ LACTIVATE DATE: 09/28/2006
CASE; / 06/CRB/38499
DEFENDANT: JErsr4'-+23/M"rs^$Y
COMM_ CONTROLVIOL.:
CTLNO: 2684075 TICKET:SEC. VIOL: 2911-21 ORCN
CHARGE:CRIMINAL TRESPASSARREST DATE: 09/27/2006JMS_NUMBER:SEX: F D.O.B.05/15/1928DEF. COUNSEL: GALLAGfiER/WILLIAM/R
PROS. WIT: PO/SIRCH
M4
, t^ s i'e^(
JOURNAL ENTRY - COMMITPIEN'PISENT'ENCE
CASE: /06/CRB/38499
DE F ENDANT: 3F GEN/MA-RY
CTLNO: 2684075SEC. VIOL: 2911-21 ORCN
TICKET:
CHARGE: CRIMINiai. TR3rSPASSARREST DATE: 09/27/2006JMS_NUMBER:
SEX: F D.O.B. 05/15/1928
DEF. COUNSEL: GALLAGSER/WILLIAM/R
' PROS. WIT: PO/BIRCH
M4
PRE-ROLL: LAALLORY /WILLIP.MA
(check if applicable)
q1l^IAGISTRATE'S DECISION
PLEA: FINDING: O.V.{ CONVICTIONS W/IN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whereas, the ahove defendanl was artsted aod charged with thc aFrove seUion mtmber. Whe+eas, the abovc defendant, having hmn vicd and convicted of said clwrge issentenced, as indicated below. Therefore, we command you to receive the defendant inlo your custody, there to remain until hershe hns fully executed the tenas of thesentence, or uniilothcnvise discharged by due course oflaw.
DAYS: SUSP: CREDIT TIME: - STAY:
FINE: REMCY: SUSP: STAY:
COSTS: ' REMIT: SUSP: STAY:
q COMMUNITY SERVICE IN LIEU OF FINES
LANGUAGE • INTERPRETER FEE:
CO,NIJIUNITY CONTROL: DAYS/itIOS/YRS. PAY TI[RU:
DRIVING CONDITIONS: DRIVING SUSPENSION:
q FINES AND DAYS CONCURRENT{1COMMIT q TURNINGPOINTIJ CONSECUTIVE 0 NOT ELIGIBLE FOR 2 FOR Iq NO EARLY RELEASE q NOT ELIGIBLE FOR 3 FOR Iq EXCENDEDTREATMENTO REWARDS JAIL iNTERVENTION FOR WOMENO ANY TREA'fMENT IF ELIGIBLEq OTHF1i
DAYS/MOSlYRS EFFECT[VE DATE:
FRA COMPLIANCE: FRAdNON COMPL.IANCE: VEH.IMMOBILIZATION DAYS FORFEITURE: YES NO& PIATFS IMPOUNDED
CREDIT DAYS HELD
q DEFENDANT[S GRANTED LIh91TED DRIVING PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECI'IVE:CURRENT F.R.A. COMPLIANCE SIIOWN,
q OCCUPATIONALq VOCATIONAL •Q EDUCATIONilLq COURTTRF.ATMENTO MEDICALq RESTRICPED LICENSE PLATESq IGNITION INTERLOCKq D.L. E%AMINATION •
COMMUNITY CONTROL SANCTIONS:
D?.TE: JUDGEJMAGISTRATE:
W\RNING: A PARTY SHALL NOT ASSIGN AS ERROR O` APPEALTHE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCO\CLUSION UNLESS THE PARTY HAS TItiF.LY AND SPECIFICALLY OBJECfED THERE'I'O AS REQUIRED BY CRIMINAI. RIII.E 19.
6h^q}'h1L':R' âATE: • -
444L^etP1'NO'..
•1NLT: •
srs:_
• PRE-ROLL: /LACTIVATE DATE: 09128/2006
CASE: / 06/CRB/38499 COMM. CONTROLVIOL.:
DEFENDANT: JSCo-E+3/ •FrARi
rvna
NCAR: 2684075 TICKETCTLNOIT FEES:_
::SEC.VIOL: 2911-21 ORCN
JURY FEEB:_ CHARGE:CRIMINAL TRESPASS M4
P.D. FEES:ARRESTDATE: 09/27/2006JMS MJMBER: 1219805 ^..
tr FEE:__
3M V FEE:_
SEX: F D.O.B.O /15/1928C!. y^•DEF COUNSEL: ^r t^e
OTAL L PAID:
. l ,PROS. WI'r: PO/BIRCH 7^/ 1 ^
m
IIITO THE SHERIFI' OF HAMILTON COUN1Y, GREETINGS: Where as, the above defendant was amested and eharged with the above section number For good eeuscsltown. the defendant is ordered to give bail in the sum indicated below. You are, therefore, eonananded to teceive the derendant into your custody untit the trtal date, or untilhdshe gives bail as orden9d Or, whereas, the above defendant, having been uted and coavicted of said charge(s) is sentenced, es indicated below. Therefon; we cummand youto receive the defendant into your custody, there to remain until hdshe hss fully csecuted the temu orthe sentence, or until otherwise discharged by due course of law.
DATE ACTION SIGNATURE OFJUDGEIMAGISTRATE
09/28/2006 JCA12 : 3 0 pin Arraignment - Probable cause to hold demonstrated () YES () eo
OR/ $ Unsecured bond per Cr1m.R.46(A)(1) aPJMT/CKERxs,/n
$ Bond @10% per Crim.R,46(A)(2) or (3)$ Secured Bond per Crim.R.46(A)(3) Only
Conditlons:
WRfTTEN PLEA OF NUt GUIl.TY/06/C2tB/38499
7^^Y I?T T7COM1' DATE:10/06/06 AT 9:00 AN IN ROpN 1 74 COEll27FIp€F5
A'r Cc- -lbE'
cC'CA,$
/B
/06/C^t8/36E^99^ I1RE8:01/2
3^^Y f7a ^ 111$ pfGVI${QEiS Ot {Z c2/07 AT 10:0@ AFI ^ RO€P•1
^.71 et s^, eXtsr^.
,,,;,,,bu,u urme magistrate is adopted and the recormnended seotence is entered Judgeas the judgment of the court.
- -°-10URNALENTRY-COMMITMENTlSENlen^,n. --- - - .-.... i..•-.. .. -•.4
cas$: /067CRB/38499
llEFENDAIdT: sTSsE'N/Ifi•A.?YCTLNO: 2684075
SEC. VIOL: 2911-21 ORCN
CHARGE: CRxriI2dA'L T'RESPSSS
ARRESTDATE: 09/27/2006IMSfdUMBER: 1219805
M4
/ .r,F•M^
SEX: F D.O.B. 05/r15/1928..v W 3 . • . ' L t . . i ''
DEF. COUNSEL:PROS. WIT: PO/BIRCH
PLEA: FINDING: O.V.I CONVICTIONS WfIN PREV. 6YRS:
TO THE SHERIFF OF HAMILTON COUNTY, GREETINGS:Whercas, the abovc defendant was arrestrd and charged vrith the above section number. Wherees, the above defentlant, having been tried and convicted of said charge isserstenced, as indicated below. Therefure, we corrnnand yau to receive the defendant into your cuswdy, ibere to rerttain until hdshe has fully executed the temts of thesentence, or untif otherwise discharged by due eourec of law.
DAYS: _ SUSP: CREDIT TIME: `STAY•.
FINEt REMIT: SUSP: STAY:
COSTS: REMIT: SUSP: STAY:
q C'.OMMUNITY SERVICE IN L1EU OF FINES
LANGUAGEINTERPRETERFEE:_
C^C*MNUNITY CONTROL: DAYSlMOS/YRS. PAY THRU:
DRIVING CONDITIONS:" -DRIVING SUSPENSION:
q FINES AND DAYS CONCURRENTq COMMIT q TURNtNG POINTq CONSECUTIVE 17 NOT ELIGIBLE FOR2 FOR Iq NO EARLY RELEASE p NOT ELIGIBLE FOR 3 FOR IO EXTENDEDTREATMENTq REWARDS JAIL INTERVENTION FOR WOMFNO ANY lREA7MENT IF EWGIBLEq OTHER
DAYS/MOSlYRS BFFECTIVEDATE:
^FRA CONIPL{ANCE: FReSlNON COMPIJANCE: 1 VEH.IMMOBILIZATION DAYS FORFEITURE: YES NO&PLATESIMPOUNDED
CREDIT DAYS HELD
q DEFENDANT IS GRANTED LIMITF.U DRIVOVG PRIVILEGES AS FOLLOWS AFTER MANDATORY SUSPENSION EFFECTIVE:CURRENT F.R.A. COMPLIANCE SHOWN.
O OCCUPATIONALC) • VOCA'[7ONALq EDUCATIONALO COURTTREATMENTD MEDICAL,q RESTRICTED LICENSEPLATESq IGN[T[ON INTERLOCKE7 D.L. EXAhIINATION
COMMUNITY CONTROL SANCTIONSt
I
^•^°•'1'`'^^1 } t' ..' I
DATE;
(eheck if applicabte)
®lEiAGTSTRA''E'S DECISIONTICP.ET:
dUDGEiMAGISTRATE:
WARNING: A PARTV SRALL NOT ASSIGN AS ERROR ON APPEAL THE COURT'S ADOPTION OF A MAGISTRATE'S FACTUAL FINDING OR LEGALCONCLUSION UNLESS THE PARTY HAS TIMELY AND SPECIFICALLY OBJECTED THERETO AS REQUIRED BY CRIMINAL RULE 19.
11N11^VLPVd^VV+v,.i
OLATION; 2911-21 CRIMINAL TRESPASS M4
PLEA: Not Guilty FIIVDIIVG: Guiity:IE DEFENDANT IS HEREBY SENTENCED AS FOLLOWSr --i THE SHERIFF OF HAMILTON COUNTY, GREETINGS: The above defendant having beeo convicted and sentenced as indicated below, you are herebynmand-J to receive him/her into your custody, there to remain unHl the sentence has been fully executed or he/she is othenvise discharged by due course of law,[L:
%,YS: ! CREDIT: > STAY: O.V.I. CONVICTIONS in PRECEDING 6 YRS.:
I TURNINGPOINT ' q CONSECUTNETOI EXTENDED TREATMENT q 3 DAYS in DRIVERS INTERVENTION PROGRAM) REWARDS JAIL INTERVENTION FOR WOMEN q 10 DAYS in TALBERT HOUSE TEN DAY PROGRAMJ NO EARLY RELEASE q 20DAYSinTALBERTHOUSETWENTYDAYPROGRAM] NO 2 for t OR 3 for I DETAILS3 TO BESERVED
] DAYS H.C.J.C. STAYED TO AT ROOM
:ESIDENTIALSrtNM0NS:---__'INANCIALSANCPIONS: "- . -
FINE: 0 REMIT:COSTS ;i q LANGUAGE INTERPRETER FEEMONTHLYqROBATIONSUPERVISION/COLLECTIONFEES
] RESTITUTION TO S q PROBATION TO DE'PERMINE AMOUNT NOT COVERED BY INSUR23 PAY ALL FIAIANCIAL SANCTIONS THROUGH PROBATION DEPARTMENT BY THE 90`" DAY BEFORE COMMUNITY CONTROL EXPIRES,
! . " - . . . -STAY TO PAY TO:
D12IVER'SLICENSE:^ ^ - .-- ^ ^..._..._ . .^ ^ - - --- ....... .. .... . .
q FRA COMP^IANCE q FRA NON-COMPLIANCE
DRIVER'SLICENSESUSPENSION CREDIT DAYSFROMALS. EFFECTIVE
q IMMOBILIZE VEHICLE DAYS. CREDIT DAYS. q FORFEIT VEHICLEq IMPOUND PLATES OF EVERY VEHICLE REGISTERED TO THE DEFENDANT. . "
THE DEFENDANT IS GRANTED LIMITED DRIVING PRiVILEGES AS FOLLOWS:TO,,FROM AND BETWEEN DEFENDANT'S RESIDENCE ANDq WORK
q ':. EDUCATIONq MED(CAL APPOINTMENTS
q COURT ORDERE.D TREATMENT
q VOCATIONAL
UNLESS TT IS THE EMPLOYER'S VEHICLE BEING DRIVEN IN TEtE COURSE AND SCOPE OF EMPLOYMENT,q THE YE HICLE BEING DRIVEN MUST HAVE RESTRICTED PLATES. ---. '.q THE JEHICLE BEING DRIVEN MUST HAVE AN IGNITION RiTEERLOCK,q DRIVING IS RESTRICTED TO THE HOURS:
'COMMUNITYCONTROLSANCTIONS:A VIOLATION OF THE COIVIMUNI`PY CONTROL SANCTIONS MAY RESULT IN A JAIL SENTENCE OF iODAYS, Oit A LONGER TIME UNDERTHE SAME OR!MORE RESTRICTIVE COMMUNITY CONTROL SANCTIONS.COMMUNITYSERVICEHOURS:20TOBECOMPLETEDBY: . ® 90°DAYBEFORE COMMUNITY CONTROL EXPIRES.
q MONITORED TIMEBASIC SUPERVISION 6 mas.
q INTENSIV^ SUPERVISIONq M.D.O. / M;-RO. PROGRAM
q DAYREPORTING
q HOUSE ARREST w/ ELECTRONIC MONITOR
q DRUGIALCOHOLTREATMENT. - q AMENDPROGRAM.q EDUCATION, TRAINING, COUNSELING OR TREATMENT PROGRAMS 1,2ECOMMENDED BY PROBATION.q RANDOM PRUG AND ALCOHOL USE MONITORING DURING THE PERIOD OF SUPERVISION. q NCTI CLASS
SHALL ABIDE BY THE GENERAL RULES FOR PROBATIONERS. - - "OTHER SANCTIONS:
3113/2007DATE
FFICER, AND