| 9/4/2024 |
Assignment Notice File Issued |
| 9/4/2024 |
Pre-Trial with Judge set for 10/29/2024 at 03:00 PM in room 2 by JUDGE STEPHANIE M BISHOP |
| 8/22/2024 |
IN THE FINDLAY MUNICIPAL COURT, FINDLAY, OHIO
STATE OF OHIO CASE NO.: 24CRB0572
PLAINTIFF,
JUDGE BISHOP
VS. JUDGMENT ENTRY
G. ANTHONY LANAGAN
DEFENDANT.
_________________________________/
This matter came before the Court on July 24 2024, for a hearing on Defendant’s Motion to Withdraw Plea of No Contest filed July 18, 2024. Special Prosecutor Benjamin C. Buckland appeared on behalf of the State of Ohio and Defendant George Anthony Lanagan appeared with Attorney Howard A. Elliott.
Defendant appeared before Acting Judge Cunningham on June 4, 2024 for an arraignment on a charge of domestic violence, a misdemeanor of the first degree, with an offense date of June 2, 2024. Defendant waived his right to have an attorney assist him, as well as his other constitutional rights, and entered a No Contest Plea. Acting Judge Cunningham accepted Defendant’s No Contest Plea and deferred the matter for sentencing to allow the prosecutor time to contact the victim.
Defendant was before the Court for sentencing on June 11, 2024. Magistrate Cunningham sentenced the Defendant and advised him of his right to object to the Magistrate’s Decision within 14 days. Defendant did not waive his right to object to the Magistrate’s Decision. On June 18, 2024, Attorney Elliott filed Preliminary Objections to the Decision of the Magistrate as well as the Motion to Withdraw Plea of No Contest on behalf of the Defendant.
At the motion hearing, Attorney Elliott and Special Prosecutor Buckland argued their respective positions regarding the Motion. At the conclusion of arguments the Court requested each party file a brief on or before August 16, 2024 addressing their respective positions. Attorney Elliott filed a Supplemental Memorandum in Support of Motion to Vacate Plea on August 14, 2024. Special Prosecutor Benjamin C. Buckland filed a Brief in Opposition to Defendant’s Objections to Magistrate’s Decision on August 16, 2024. Based upon the arguments of counsel, evidence presented and having considered the applicable law, the Court FINDS and ORDERS as follows:
Criminal Rule 32.1 provides that “[a] motion to withdraw a plea of guilty or no contest may be made only before sentence is imposed; but to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his or her plea”. In his Brief in Opposition, Prosecutor Buckland concedes that the objection to the Magistrate’s Decision was timely filed. He argues that because the objection was not specific and did not state with particularity that the objection is without merit and that the Magistrate’s Decision should be approved in full by the Court.
Criminal Rule 19 (4)(a) provides that “[a] magistrate’s decision is not effective unless adopted by the court”. In addition (4)(b) specifically provides that “[n]o sentence recommended by a magistrate shall be enforced until the court has entered judgment.” In this particular case, the Magistrate’s Decision Sentencing Entry was not adopted by the Court because of the timely objection to the Magistrate’s Decision. As such, the Court finds that Defendant’s Motion to Withdraw Plea of No Contest was filed before the sentence was imposed.
While a presentence motion to withdraw a no contest plea should be freely and liberally granted, a defendant does not have an absolute right to withdraw a no contest plea prior to sentencing. See State v. Rogan, 2024 WL 1526114, 2024-Ohio-1334 (3rd Dist. 2024) citing State v. Xie, 62 Ohio St. 521, 527 (1992). In State v. Lane, 3d Dist. Allen No. 1-10-10, 2010-Ohio-4819, ¶21, the Third District Court of Appeals outlined several factors for the Court to consider when determining if there is a reasonable and legitimate basis for withdrawal of the plea. The Court, in quoting State v. North, 3d Dist. Logan No. 8-14-18, 2015-Ohio-720, ¶ 16, goes on to state that “[n]one of the factors is determinative on its own and there may be numerous additional aspects ‘weighed’ in each case”.
The Defendant was incarcerated on the date of plea. Attorney Elliott indicates that his client entered the no contest plea because he was stressed out after a week in jail and believed that he would get out of jail by entering the plea. The Defendant waived his right to have an attorney assist him and entered the no contest plea without the advice of counsel. Attorney Elliott argues that his client maintains his innocence and that at the time he entered into the no contest plea he was unaware of the statements made against him by the victim. Special Prosecutor Buckland did not indicate that the state would be prejudiced in any way by the by withdrawal of the plea. Defendant’s Motion to Withdraw Plea of No Contest was filed within 2 weeks of Defendant entering the No Contest Plea and within 16 days of the date of offense. This offense is a serious misdemeanor offense that not only carries the possibility of six months in jail but also the possibility of enhancing any future similar charges to felony level offenses.
The Court finds that after consideration of the applicable law and factors outlined above and contained in Defendant’s Motion, that there is a reasonable and legitimate basis for withdrawal of the plea. As such, the Court grants Defendant’s Motion to Withdraw his Plea of No Contest. The Court denies the Preliminary Objections to the Decision of the Magistrate as moot. This matter shall be scheduled for Pre-Trial conference between the parties and the Court.
SIGNED BY STEPHANIE M. BISHOP, JUDGE |
| 8/16/2024 |
BRIEF IN OPPOSITION TO DEFENDANT'S OBJECTIONS TO MAGISTRATE'S DECISION FILED BY SPECIAL PROSECUTOR BENJAMIN C. BUCKLAND |
| 8/14/2024 |
SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO VACATE PLEA - FILED BY DEFT'S ATTY |
| 7/25/2024 |
Supplemental Disposition Issued |
| 7/24/2024 |
This Day, July 24, 2024 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER CAME BEFORE THE COURT FOR HEARING ON DEFENDANT'S MOTION TO WITHDRAW PLEA OF NO CONTEST. PROSECUTOR BUCKLAND APPEARED ON BEHALF OF THE STATE OF OHIO AND DEFENDANT APPEARED WITH ATTORNEY ELLIOTT. THE COURT HEARD FROM COUNSEL AND ORDERED EACH PARTY TO PROVIDE A BRIEF ON OR BEFORE AUGUST 16, 2024 OUTLINING THEIR RESPECTIVE POSITION REGARDING THE ISSUES ADDRESSED IN DEFENDANT'S MOTION. STEPHANIE M BISHOP JUDGE |
| 7/10/2024 |
ORIGINAL TRANSCRIPT OF PROCEEDINGS HELD ON THE 11TH DAY OF JUNE, 2024, FILED BY DEFT'S ATTY |
| 7/10/2024 |
ORIGINAL TRANSCRIPT OF PROCEEDINGS HELD ON THE 4TH DAY OF JUNE, 2024, FILED BY DEFT'S ATTY |
| 6/25/2024 |
Assignment Notice File Issued |
| 6/25/2024 |
Hearing on Motion set for 07/24/2024 at 10:30 AM in room 2 by JUDGE STEPHANIE M BISHOP HEARING ON DEFENDANT'S MOTION TO WITHDRAW PLEA OF NO CONTEST |
| 6/21/2024 |
Case sent to BCI&I on 06212024 |
| 6/21/2024 |
MOTION SET FOR HEARING by STEPHANIE M BISHOP JUDGE on 06/21/2024 (TO WITHDRAW PLEA OF NO CONTEST) |
| 6/20/2024 |
COMMITMENT RETURNED BY HSO (MONTGOMERY) W/SERVE 17 DAYS ON 06/17/2024 |
| 6/18/2024 |
Written MOTION filed by Defendant's Attorney on 06/18/2024 (TO WITHDRAW PLEA OF NO CONTEST) |
| 6/18/2024 |
Program Appt Notification Issued |
| 6/18/2024 |
Removal of No Contact Order 10A issued to FPD due to granted stay on sentence |
| 6/18/2024 |
TC Judgment Entry Issued |
| 6/18/2024 |
WARRANT TO DISCHARGE Issued |
| 6/18/2024 |
MOTION GRANTED by STEPHANIE M BISHOP JUDGE on 06/18/2024 (MOTION TO EXTEND TIME TO BRIEF OBJECTIONS)
This matter came before the Court upon the motion of the Defendant, G. Anthony Lanagan, for an extension of time herein to supplement and revise and extend, for a period of twenty-one (21) days from the securing and filing of the transcript of the June 4, 2024 arraignment and the June 11, 2024 sentencing hearing, and the Court upon consideration of same finds this motion well taken and it is hereby
ORDERED, ADJUDGED and DECREED that the Defendant is granted an extension to supplement and revise and extend any objections hereby for a period of twenty-one (21) days from the securing and filing of the transcript of the June 4, 2024 arraignment and the June 11, 2024 sentencing hearing.
|
| 6/18/2024 |
MOTION GRANTED by STEPHANIE M BISHOP JUDGE on 06/18/2024 (MOTION TO STAY SENTENCE)
GRANTED. SENTENCE SHALL BE STAYED PENDING RESOLUTION OF DEFENDANT'S OBJECTION. |
| 6/18/2024 |
HOWARD A ELLIOTT filed notice of appearance |
| 6/18/2024 |
Written ENTRY OF APPEARANCE AS COUNSEL filed by Defendant's Attorney on 06/18/2024 |
| 6/18/2024 |
Written MOTION filed by Defendant's Attorney on 06/18/2024 (MOTION TO EXTEND TIME TO BRIEF OBJECTIONS) |
| 6/18/2024 |
PRELIMINARY OBJECTIONS TO THE DECISION OF THE MAGISTRATE FILED BY DEFT'S ATTY |
| 6/18/2024 |
Written MOTION filed by Defendant's Attorney on 06/18/2024 (MOTION TO STAY SENTENCE) |
| 6/18/2024 |
Judgment This Day, June 18, 2024 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER COMES BEFORE THE COURT UPON THE DEFENDANT'S MOTION TO STAY SENTENCE FILED ON JUNE 18, 2024. FOR GOOD CAUSE SHOWN THE COURT GRANTS DEFENDANT'S MOTION. THE SENTENCE SHALL BE STAYED PENDING RESOLUTION OF DEFENDANT'S OBJECTION. DEFENDANT SHALL BE RELEASED FROM THE HANCOCK COUNTY JUSTICE CENTER. A CONDITION OF DEFENDANT'S RELEASE IS THAT HE SHALL NOT HAVE ANY CONTACT WITH AMY ARNOLD. IN ADDITION, DEFENDANT SHALL BE PLACED ON PRETRIAL SUPERVISION. DEFENDANT SHALL REPORT TO THE PROBATION DEPARTMENT UPON HIS RELEASE SUBJECT TO ANY ADDITIONAL CONDITIONS DEEMED APPROPRIATE BY THE PROBATION DEPARTMENT. STEPHANIE M BISHOP JUDGE |
| 6/17/2024 |
Written MOTION filed by Defendant on 06/17/2024 (THE MOTION IS GRANTED AS FOLLOWS: DEFENDANT SHALL REPORT AT 8:00 P.M. ON 6/17/2024 TO SERVE HIS REMAINING JAIL SENTENCE.) |
| 6/17/2024 |
MOTION GRANTED by STEPHANIE M BISHOP JUDGE on 06/17/2024 (THE MOTION IS GRANTED AS FOLLOWS: DEFENDANT SHALL REPORT AT 8:00 P.M. ON 6/17/2024 TO SERVE HIS REMAINING JAIL SENTENCE.) |
| 6/17/2024 |
NOTICE FEE of $5.00 assessed |
| 6/17/2024 |
Commitment After Conviction Issued (FAXED TO HCJC) |
| 6/17/2024 |
Defendants name changed to GEORGE ANTHONY LANAGAN |
| 6/13/2024 |
COMMITMENT RETURNED BY HCSO (LOWDEN) W/ SERV 30 DAYS ON 06/11/2024 AT 3:00 PM |
| 6/13/2024 |
DEFENDANT APPEARED FOR FINGER PRINTING ON 6/2/2024 AT 1650 HRS FILED BY HCSO (LOWDEN) |
| 6/12/2024 |
COPY OF NO CONTACT ORDER ISSUED TO PROBATION OFFICER POWELL AND THE FINDLAY POLICE DEPARTMENT. |
| 6/12/2024 |
COPY OF NO CONTACT ORDER ISSUED TO VICTIM, VIA CERTIFICATE OF MAILING. |
| 6/12/2024 |
COPY OF NO CONTACT ORDER SERVED TO DEFT. BY PROBATION OFFICER POWELL |
| 6/12/2024 |
TC Certificate of Mailing Issued |
| 6/11/2024 |
Program Appt Notification Issued |
| 6/11/2024 |
No Contact Order Form 10G Issued |
| 6/11/2024 |
No Contact Order Form 10A Issued |
| 6/11/2024 |
Unpaid Letter Issued |
| 6/11/2024 |
Issued Unpaid Letter for Case Balance Due of $3850.00 and over all balance of $3850.00 |
| 6/11/2024 |
NOTICE FEE of $5.00 assessed |
| 6/11/2024 |
Commitment After Conviction Issued |
| 6/11/2024 |
Finger Print Return Issued |
| 6/11/2024 |
Finger Print Requirements Issued |
| 6/11/2024 |
Plea of NO CONTEST entered on 06/04/2024 |
| 6/11/2024 |
MAGISTRATE SENTENCING ENTRY Issued |
| 6/11/2024 |
Confinement Jail Time Sentenced 90 Day(s) 9 Credited 60 Suspended |
| 6/11/2024 |
Finding of GUILTY entered for 2919.25A - DOMESTIC VIOLENCE |
| 6/11/2024 |
Evaluation Referral Issued |
| 6/11/2024 |
The defendant appeared in open court and was advised of the nature of the charge, possible penalties, right to counsel, right to jury/court trial, other rights and the various pleas available.The defendant thereafter entered a plea of NO CONTEST to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.Hereby waive any rights to object to the Magistrates decision. A Party shall not assign or appeal the Court's adoption of a factual finding or legal conclusion unless the party has filed objections pursuant to Rule 17 of the Ohio Rules of Criminal Procedure.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of DOMESTIC VIOLENCEORC/CO 2919.25A, and is sentenced as follows:1) A fine of $250.00 plus all costs 2) A jail sentence of 90 Day(s) with 60 Day(s) suspended consecutive to be scheduled by the Clerk's office. The defendant is ordered to pay all costs of confinement in a jail or other residential facility pursuant to ORC 2929.28, including but not limited to, a per diem fee for room and board in the jail of up to $108.00 per day, and any other costs provided by statute.
3) Defendant shall obtain an ALCOHOL/SUBSTANCE ABUSE evaluation from a state certified counselor within 30 days, and pursue any recommended course of treatment, and shall further be required to notify this Court every 30 days of his progress
4) Credit for 9 Day(s) days served.
5) No contact with the victim, Amy Arnold for 1 year.
6) No criminal conduct for 1 Year(s).7) Defendant shall be placed on probation for 1 Year(s). |
| 6/5/2024 |
Prosecutor BUCKLAND, BENJAMIN C Assigned |
| 6/5/2024 |
Written JE - APPOINTMENT OF ACTING JUDGE MATTHEW CUNNINGHAM filed by Judge on 06/05/2024 |
| 6/4/2024 |
NOTICE FEE of $5.00 assessed |
| 6/4/2024 |
Commitment Pending Hearing Issued |
| 6/4/2024 |
Assignment Notice File Issued |
| 6/4/2024 |
Sentencing set for 06/11/2024 at 02:00 PM in room 3 by Magistrate MATTHEW A CUNNINGHAM |
| 6/4/2024 |
Guilty - Sentence Deferred Issued |
| 6/4/2024 |
NOTICE TO APPOINT SPECIAL PROSECUTOR (BENJAMIN C. BUCKLAND) |
| 6/4/2024 |
WARRANT ON COMPLAINT RETURNED BY BAILIFF (SCHIMMOELLER) WITH $21.00 FEE |
| 6/4/2024 |
WARRANT ON COMPLAINT ISSUED TO BAILIFF FOR SERVICE |
| 6/4/2024 |
Case Filed on 06/04/2024 |
| 6/4/2024 |
Arraignment set for 06/04/2024 at 02:00 PM in room 202 |