State v. Melson

[Cite as State v. Melson, 2022-Ohio-2709.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT CLARK COUNTY STATE OF OHIO : : Plaintiff-Appellee : Appellate Case No. 2021-CA-62 : v. : Trial Court Case No. 2021-CR-485 : DUSTIN MELSON : (Criminal Appeal from : Common Pleas Court) Defendant-Appellant : : ........... OPINION Rendered on the 5th day of August, 2022. ........... IAN A. RICHARDSON, Atty. Reg. No. 0100124, Assistant Prosecuting Attorney, Clark County Prosecutor’s Office, Appellate Division, 50 East Columbia Street, Suite 449, Springfield, Ohio 45502 Attorney for Plaintiff-Appellee COLIN P. COCHRAN, Atty. Reg. No. 0098448, P.O. Box 293043, Dayton, Ohio 45429 Attorney for Defendant-Appellant ............. DONOVAN, J. -2- {¶ 1} Dustin Melson was convicted, following his guilty pleas, on one count of breaking and entering (Clark C.P. No. 2021-CR-433) and one count of vandalism (Clark C.P. No. 2021-CR-685), both felonies of the fifth degree, and on one count of safecracking (Clark C.P. No. 2021-CR-485). The trial court sentenced Melson to 11 months on each offense, to be served concurrently, for an aggregate sentence of 11 months. Melson appeals from his conviction for safecracking in Case No. 2021-CR-485. We affirm the judgment of the trial court. {¶ 2} On August 2, 2021, Melson was indicted on three counts of safecracking in violation of R.C. 2911.31(A), felonies of the fourth degree, in Case No. 2021-CR-485. He pled not guilty on August 18, 2021. {¶ 3} On October 26, 2021, the trial court conducted a plea hearing that involved all three of the cases listed above. The following exchange occurred: [THE PROSECUTOR]: * * * The terms of the plea agreement are that this defendant shall plead guilty to count one to each of the aforementioned indictments in Case #21- CR-433, #21-CR-485 and #21-CR-685. A PSI shall be conducted. The State agrees to recommend community control in all three case numbers and in the event that the defendant violates community control, if any, of the above-mentioned cases, defendant shall serve consecutive sentences imposed by the Court, and in each of the above cases defendant shall pay restitution in an amount determined prior to sentencing, Your -3- Honor. * * * THE COURT: Is that a full statement of the plea agreement? [DEFENSE COUNSEL]: It is, Judge. * * * At this time Mr. Melson would withdraw in Case #21-CR-433, withdraw is former plea of not guilty. He would then enter a plea of guilty to count one of the indictment that being count one of breaking and entering, a felony of the fifth degree. That being done with the understanding that counts two and three will be dismissed. In Case #21-CR-485, Mr. Melson would withdraw his former plea of not guilty. He would then enter a plea of guilty to count one of the indictment, which is a count of safecracking, a felony of the fourth degree. That would be done with the understanding that counts two and three of the indictment would be dismissed. In Case #21-CR-685, Mr. Melson has …

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