State v. Polke, 031819 OHCA9, 18CA0061-M

Docket Nº:18CA0061-M
Opinion Judge:JENNIFER HENSAL JUDGE.
Party Name:STATE OF OHIO Appellee v. DENNIS J. POLKE Appellant
Attorney:APPEARANCES: DENNIS J. POLKE, pro se, Appellant. GREGORY HUBER and ROBERT B. CAMPBELL, Prosecuting Attorneys, for Appellee.
Judge Panel:TEODOSIO, P.J. CONCURS. CARR, J. CONCURRING.
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-904

STATE OF OHIO Appellee

v.

DENNIS J. POLKE Appellant

No. 18CA0061-M

Court of Appeals of Ohio, Ninth District, Medina

March 18, 2019

APPEAL FROM JUDGMENT ENTERED IN THE MEDINA MUNICIPAL COURT COUNTY OF MEDINA, OHIO CASE No. 17CRB01395

APPEARANCES: DENNIS J. POLKE, pro se, Appellant.

GREGORY HUBER and ROBERT B. CAMPBELL, Prosecuting Attorneys, for Appellee.

DECISION AND JOURNAL ENTRY

JENNIFER HENSAL JUDGE.

{¶1} Dennis Polke appeals a judgment of the Medina Municipal Court that sentenced him to 180 days in jail for assault. For the following reasons, this Court affirms.

I.

{¶2} A police officer charged Mr. Polke with one count of assault, two counts of menacing, and one count of having an open container. Before trial, Mr. Polke agreed to plead guilty or no contest to the assault charge, one of the menacing charges, and an amended charge of trespass. The municipal court found him guilty of assault and dismissed the other charges. It sentenced him to 180 days in jail and fined him $800. Mr. Polke has appealed, assigning five errors, which we will address together.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT ERRED BY FAILING TO FIND OR STATE CIRCUMSTANCES THAT MIGHT BE CONSIDERED THE WORST FORM OF THE OFFENSE IN WHICH A MAXIMUM PENALTY COULD BE IMPOSED.

ASSIGNMENT OF ERROR II

THE TRIAL COURT ERRED BY FAILING TO CONSIDER THE SENTENCING FACTORS AS ENUMERATED IN R.C. 2929.22 IN HIS MISDEMEANOR SENTENCING OF APPELLANT.

ASSIGNMENT OF ERROR III

THE TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO CONSIDER APPELLANT'S INDIGENT STATUS WHEN IT IMPOSED LARGE FINES AND COSTS IN THIS MATTER.

ASSIGNMENT OF ERROR IV

THE APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL.

ASSIGNMENT OF ERROR V

THE TRIAL COURT ABUSED ITS DISCRETION AND VIOLATED APPELLANT'S CIVIL RIGHTS WHEN IT SHOWED ACTUAL MALICE, RECKLESS INDIFFERENCE TO THE FACTS AND INTENSE PERSONAL BIAS.

{¶3} Mr. Polke argues that the municipal court incorrectly sentenced him to the maximum jail term for assault because it did not find any facts that...

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