State v. Link
| Citation | 2022 Ohio 2067 |
| Decision Date | 16 June 2022 |
| Docket Number | 21CA0059 |
| Parties | STATE OF OHIO Plaintiff-Appellee v. JEREMIAH J. LINK Defendant-Appellant |
| Court | United States Court of Appeals (Ohio) |
Appeal from the Licking County Court of Common Pleas, Case No 20CR667
JUDGMENT REVERSED AND REMANDED
For Plaintiff-Appellee: WILLIAM C. HAYES LICKING CO. PROSECUTOR DARREN M. BURGESS.
For Defendant-Appellant: WILLIAM T. CRAMER.
JUDGES: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman J., Hon. Patricia A. Delaney, J.
{¶1} Appellant Jeremiah J. Link appeals from the July 29, 2021 judgment entry of conviction and sentence of the Licking County Court of Common Pleas. Appellee is the state of Ohio.
{¶2} The following statement of facts is adduced from appellee's bill of particulars filed January 27, 2021.
Appellant is investigated in multiple vehicle thefts, including semi-trucks
{¶3} In May 2019, a white Ford F-350 pickup truck was stolen from the Giant Eagle parking lot in Heath, Ohio. Surveillance footage showed a man on a bicycle pulling a trailer approach the pickup; the man put the trailer in the bed of the pickup and drove off, leaving the bicycle behind. The bicycle was swabbed for DNA.
{¶4} In June 2019, the pickup was recovered. Two cans were found in the pickup and swabbed for DNA; one of these samples matched appellant's DNA.
{¶5} On February 4, 2020, Newark police were advised a 2012 white Freightliner was stolen from Truck One/Midway Trucking property. The 2012 Freightliner contained a GPS tracking device which revealed the vehicle's location to be 147 S Webb Street. When police recovered the truck, keys not fitting the ignition were shoved into the ignition and cigarettes with fresh ash were found in the cab. DNA from these cigarettes matched appellant's DNA. Appellant was also observed on surveillance near the location of the 2012 Freightliner at the time it was stolen.
{¶6} On February 19, 2020, appellant was arrested by Newark police on an active warrant. He claimed the Carhartt jacket he was wearing was not his. The jacket was searched incident to arrest and police found 2 screw drivers, a pack of cigarettes, and four baggies containing a crystalline substance. Appellant also "dropped a bag of crystalline substance at the jail that he admitted to forgetting about." The five bags were tested and found to be methamphetamine, a Schedule II controlled substance, in the aggregate amount of 2.681 grams.
{¶7} On June 18, 2020, a white 2015 Freightliner flatbed truck was found at 55 Builders Drive, Newark. Newark police recognized this vehicle as one reported stolen from HD & R Truck Repair, a detail shop in Newark. Appellant was identified at the scene on surveillance footage and also had a conversation with an employee as he left the property.
{¶8} Upon return of the 2015 Freightliner, a 2014 white Freightliner was also discovered missing from 55 Builders Drive, Newark. This vehicle was later recovered in Hebron but it had been modified and had no license plate. Associates of appellant told police he was in the area of the stolen truck and had modified keys to force the ignition on the truck.
{¶9} On June 23, 2020, Newark Police recovered a yellow 2016 Freightliner at 119 Western Avenue, Newark. This vehicle was stolen from a business in Hebron, and appellant was spotted on surveillance footage walking to the rear gates of the business, getting into a truck, and driving it through a gate.
{¶10} Appellant was interviewed on August 1, 2020. He admitted being at the listed locations but at first refused to admit what he was doing there. After viewing the surveillance footage, appellant acknowledged he was already on parole supervision and "wanted to see what he could do about reducing the possible charges."
{¶11} On January 6, 2021, active warrants existed for appellant's arrest and police were notified he would be in a white semi-truck at a location in Newark. Police surveilled the area. Appellant pulled into an alley behind the location in a white semi-truck matching the description of a 2004 Kenworth Motor Truck that was reported stolen earlier in the week. Officers activated lights and appellant jumped out of the truck. Appellant reached for his pocket and was ordered to the ground. During a search incident to arrest, police found a bag of suspected methamphetamine, lighter, and pipe in appellant's pocket. These items were tested and found to be 1.749 grams of methamphetamine, a Schedule II substance.
Indictment, changes of plea, and disputes with appointed counsel
{¶12} On January 14, 2021, appellant was charged by indictment as follows: Count I, receiving stolen property pursuant to R.C. 2913.51(A); Count II, receiving stolen property pursuant to R.C. 2913.51(A); Count III, aggravated possession of methamphetamine pursuant to R.C. 2925.11(A)(C)(1)(a); Count IV, receiving stolen property pursuant to R.C. 2913.51(A); Count V, receiving stolen property pursuant to R.C. 2913.51(A); Count VI, receiving stolen property pursuant to R.C. 2913.51(A); and Count VII, aggravated possession of methamphetamine pursuant to R.C. 2925.11(A)(C)(1)(a). Counts III and VII, aggravated possession of methamphetamine, are felonies of the fifth degree. The remaining counts of receiving stolen property are felonies of the fourth degree.
{¶13} Appellant entered pleas of not guilty and counsel was appointed.
{¶14} A pretrial hearing was held on February 12, 2021. Notations on a Pretrial Entry of that date indicate the matter was likely to proceed to trial. A jury trial was scheduled for March 24, 2021.
{¶15} On March 17, 2021, defense trial counsel filed on appellant's behalf a "Motion to Continue for Change of Plea," indicating appellant decided to change his plea to guilty, agreed to waive a pre-sentence investigation, and jointly recommended with appellee a prison term of four years and eleven months.
{¶16} The trial court converted the jury trial date to a Change of Plea and Sentencing Hearing.
{¶17} On March 29, 2021, defense trial counsel filed a "Motion to Continue for Jury Trial," stating appellant changed his mind and now wished to proceed to trial by jury.
{¶18} The trial court scheduled a jury trial for May 12, 2021.
First written pro se request for new counsel
{¶19} On April 22, 2021, the Clerk of Court filed a letter from appellant to the trial court stating in pertinent part:" * * * *. I am writing you with reguards of seeking new Legal council. due to the fact that I feel that my attorney isnit representing me in my best interest[.] * * * *." (Sic throughout).
{¶20} The same day, the trial court responded to appellant by letter stating in pertinent part: {¶21} On April 30, 2021, appellant (via defense trial counsel) and appellee filed a Joint Motion to Continue the trial date of May 12, 2021, citing unavailability of witnesses and scheduling conflicts for the prosecutor and defense trial counsel.
{¶22} The trial court denied the joint motion to continue by entry dated April 30, 2021.
{¶23} On May 4, 2021, appellee filed a Motion to Continue for Witness Unavailability, arguing an investigating officer was unavailable for the trial date of May 12, 2021.
{¶24} On May 10, 2021, the trial court granted appellee's motion to continue and rescheduled the jury trial for June 29, 2021.
{¶25} On June 7, 2021, the trial court sua sponte continued the jury trial to July 7, 2021.
{¶26} On June 8, 2021, appellant filed a pro se request to see all discovery materials.
{¶27} On June 17, 2021, a superseding indictment was filed adding another count of receiving stolen property pursuant to R.C. 2913.51(A), a felony of the fourth degree.
Appellant orally requests new counsel at arraignment on superseding indictment
{¶28} Appellant was arraigned on the superseding indictment on June 21, 2021, and appellee stated one count of receiving stolen property was mistakenly omitted from the original indictment. Appellant waived reading of the superseding indictment, entered a plea of not guilty, and bond was continued.
{¶29} Appellant was represented by an attorney from defense trial counsel's office. At the conclusion of the arraignment, appellant asked the magistrate how he could get a new attorney, and the magistrate responded, and appellant assented.
Second written pro se request for new counsel
{¶30} On June 21, 2021, the Clerk of Court filed a letter from appellant stating the following in pertinent part:
My name is Jeremiah Link Case Number 20 CR 667 and I would respectfully request for my previous counsel to be replaced due to irreparable differences, misrepresentation, and the fact that he has not reviewed my discovery. I feel that he does not have my best interest at heart. He has not been to the Licking County Justice Center once to discuss any of the video, audio, or pictures related to my case. We have discussed nothing pertaining to my discovery either. I would like to file a motion for my discovery, new counsel, and co-counsel. I would also like to file a motion for continuance, respectfully.
{¶31} On July 1, 2021, defense trial counsel filed a "Motion to Continue for Change of Plea" on appellant's behalf. The motion states, ...
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