State v. Krug, 031819 OHCA11, 2018-L-056

Docket Nº:2018-L-056
Opinion Judge:MARY JANE TRAPP, J.
Party Name:STATE OF OHIO, Plaintiff-Appellee, v. JON P. KRUG, Defendant-Appellant.
Attorney:Charles E. Coulson, Lake County Prosecutor, and Karen A. Sheppert, Assistant Prosecutor, (For Plaintiff-Appellee). Kimberly Kendall Corral, (For Defendant-Appellant).
Judge Panel:TIMOTHY P CANNON, J, MATT LYNCH, J, concur
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-926

STATE OF OHIO, Plaintiff-Appellee,

v.

JON P. KRUG, Defendant-Appellant.

No. 2018-L-056

Court of Appeals of Ohio, Eleventh District, Lake

March 18, 2019

Criminal Appeal from the Lake County Court of Common Pleas, Case No. 08 CR 000008.

Charles E. Coulson, Lake County Prosecutor, and Karen A. Sheppert, Assistant Prosecutor, (For Plaintiff-Appellee).

Kimberly Kendall Corral, (For Defendant-Appellant).

OPINION

MARY JANE TRAPP, J.

{¶1} Appellant, Jon P. Krug, filed the instant appeal based on a sentencing entry from the Lake County Court of Common Pleas regarding his post-release control sanctions. As Mr. Krug only raises assignments of error based on his underlying conviction that were or could have been raised in his previous appeals, we affirm the trial court's judgment.

Substantive and Procedural History

{¶2} This is the fourth time Mr. Krug has appealed to this court in regard to his underlying conviction and sentence on four counts of felonious assault, each with a repeat violent offender specification, and one count of carrying concealed weapons.

{¶3} Mr. Krug's conviction stems from a bar fight melee in which he stabbed two victims with a knife. In the early hours of December 30, 2007, Mr. Krug went to the Lake Effects bar in Madison, Ohio. At some point in the evening, he went into an area in the bar where the bar's owner, Jason Reihner, was playing horseshoes with a group of people. Mr. Krug, wearing headphones and listening to his MP3 player, walked right into the horseshoe pit when one of the players was about to throw a horseshoe. Mr. Reihner confronted Mr. Krug and asked him to leave. He escorted Mr. Krug outside, and a fight between them erupted in the parking lot. As the two exchanged punches, a crowd gathered around them. Harold Layne, a cook at the bar, saw a knife in Mr. Krug's left hand and jumped into the fight to help Mr. Reihner. Both Mr. Layne and Mr. Reihner were stabbed. As Mr. Krug walked away, he was tackled to the ground by several bar patrons, who managed to pry the knife from his hand.

{¶4} After a five-day jury trial, Mr. Krug was convicted on all five counts and sentenced to a total of 37 years and six months of imprisonment. He appealed his convictions and sentence, which we affirmed in State v. Krug, 11th Dist. Lake No. 2008-L-085, 2009-Ohio-3815 ("Krug I ").

{¶5} Mr. Krug then filed an appeal of the denial of his postconviction relief petition. We affirmed the trial court's judgment in State v. Krug, 11 th Dist. Lake No. 2009-L-038, 2009-Ohio-6232 ("Krug II"). Lastly, in State v. Krug, 11th Dist. Lake Nos. 2018-L-007 & 2018-L-024, 2018-Ohio-3248...

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