State v. Butcher, 091619 OHCA11, 2019-P-0005

Docket Nº:2019-P-0005
Opinion Judge:THOMAS R. WRIGHT, P.J.
Party Name:STATE OF OHIO, Plaintiff-Appellee, v. DONTE J. BUTCHER a.k.a. 'STACKS', Defendant-Appellant.
Attorney:Victor V. Vigluicci, Portage County Prosecutor, and Pamela J. Holder, Assistant Prosecutor, (For Plaintiff-Appellee). Donte J. Butcher, pro-se, A-690-901, Northeast Ohio Correctional Center, (Defendant-Appellant).
Judge Panel:TIMOTHY P. CANNON, J., MARY JANE TRAPP, J., concur.
Case Date:September 16, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-3728

STATE OF OHIO, Plaintiff-Appellee,

v.

DONTE J. BUTCHER a.k.a. "STACKS", Defendant-Appellant.

No. 2019-P-0005

Court of Appeals of Ohio, Eleventh District, Portage

September 16, 2019

Criminal Appeal from the Portage County Court of Common Pleas, Case No. 2015 CR 00567.

Judgment: Modified and affirmed as modified.

Victor V. Vigluicci, Portage County Prosecutor, and Pamela J. Holder, Assistant Prosecutor, (For Plaintiff-Appellee).

Donte J. Butcher, pro-se, A-690-901, Northeast Ohio Correctional Center, (Defendant-Appellant).

OPINION

THOMAS R. WRIGHT, P.J.

{¶1} Appellant, Donte J. Butcher, appeals his resentencing after this court affirmed in part, reversed in part, and remanded. He argues the court exceeded the scope of remand by changing his sentence on counts affirmed. Finding merit, we modify the trial court's decision and affirm the judgment as modified.

{¶2} In August 2015, appellant was indicted on two counts of corrupting another with drugs under R.C. 2925.02(A)(1), one count of corrupting another with drugs under R.C. 2925.02(A)(3), and two counts of aggravated drug trafficking under R.C. 2925.03(A). After he failed to appear for trial, appellant was charged with failure to appear under R.C. 2937.29 and intimidation of a crime victim or witness under R.C. 2921.04(B) via a supplemental indictment.

{¶3} Appellant's first trial resulted in a mistrial. At his second trial, the trial court granted appellant's motion for acquittal on the intimidation count. The jury found appellant not guilty on one of the corrupting counts under R.C. 2925.02(A)(1) and guilty of the remaining counts.

{¶4} Appellant was sentenced to an aggregate prison term of eleven years, mandatory terms of five years on the corruption counts, a one-year term for failure to appear, all to be served consecutively, and one-year terms for the trafficking counts, to be served concurrently. He was also ordered to have no contact with the victims.

{¶5} In appellant's first appeal, we reversed the no-contact order and appellant's conviction for failure to appear based on insufficient evidence. In all other respects we affirmed. In the final paragraph of our opinion, we said:

{¶6} "The trial court shall vacate its original sentencing judgment and issue a judgment restating all aspects not reversed. The judgment shall not contain a no-contact order, shall find appellant not guilty of failure to appear for lack of sufficient evidence, and shall modify appellant's sentence accordingly." State v...

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