Supreme Court of Ohio Clerk of Court - Filed February 11, Case No

Transcription

1 Supreme Court of Ohio Clerk of Court - Filed February 11, Case No IN THE SUPREME COURT OF OHIO In re: Timothy Eugene Potts Attorney Reg. No NOTICE OF FELONY CONVICTION Timothy Eugene Potts 716 Sandusky Street Ashland, Ohio Audrey E. Varwig Assistant Disciplinary Counsel 250 Civic Center Drive, Suite 325 Columbus, Ohio Richard A. Dove ( ) Board of Professional Conduct 65 South Front Street Fifth Floor Columbus, Ohio (614) richard.dove@sc.ohio.gov

2 IN THE SUPREME COURT OF OHIO In re: Timothy Eugene Potts Registration No ENTRY Gov. BarR. V, Section 18 Pursuant to Rule V, Section 18 of the Supreme Court Rules for the Government of the Bar of Ohio, the Court is hereby notified of the felony conviction of Timothy Eugene Potts in the Court of Common Pleas Court, Ashland County, Ohio, General Division, on the 4 1 h day of February, 2015, case number 14-CRI-128. Timothy Potts was convicted of the following offenses: in Count One, illegal use of possession of drug paraphernalia in violation ofr.c (C)(1), a misdemeanor of the fourth degree; in Count Two, endangering children in violation ofr.c (A), a misdemeanor of the first degree; in Count Five, grand theft in violation ofr.c (A)(2), a felony of the fourth degree; in Count Six, falsification in violation ofr.c (A)(3), a misdemeanor of the first degree; in Count Seven, possession of cocaine in violation ofr.c l(A) and (C)(4)(a), a felony of the fifth degree; in Count Eight, possession of heroin in violation ofr.c (A) and (C)(6)(a), a felony of the fifth degree; and in Count Nine, forgery in violation ofr.c (A)(2), a felony of the fifth degree. ) /// \ //~~~ RICHARD OVE Director, Board of Professional Conduct of the Supreme Court of Ohio

3 t, Annette Shaw, Clerk of Courts, Ashland Coun, Ohio, hereby certify this is a true a exact copy of tho original on fil with this office. IN 2015 JAN 29 PH J: II ANNETTE: SHAW CLEF:K OF COURTS ASHLAND. OHIO IN THE COMMON PLEAS COURT, ASHLAND COUNTY, OHIO GENERAL DIVISION STATE OF OHIO, Plaintiff, Case No. 14-CRI-128 vs. TIMOTHY E. POTTS, NUNC PRO TUNC - JUDGMENT ENTRY - SENTENCING This matter came before the Court, on December 29, 2014 for sentencing, the Defendant having previously pled guilty to the following offenses: Count One ILLEGAL USE OR POSSESSION OF DRUG PARAPHERNALIA in violation of Ohio Revised Code Section (C)(1 ), a Misdemeanor of the fourth (4th) degree, Count Two ENDANGERING CHILDREN in violation of Ohio Revised Code Section (A), a Misdemeanor of the first (1st) degree, Count Five GRAND THEFT in violation of Ohio Revised Code Section (A)(2), a felony of the fourth (4th) degree, Count Six FALSIFICATION in violation of Ohio Revised Code Section (A)(3), a misdemeanor of the first (1st) degree, Count Seven POSSESSION OF COCAINE in violation of Ohio Revised Code Section (A) and (C)(4)(a), a felony of the fifth (5th) degree, Count Eight POSSESSION OF HEROIN in violation with Ohio Revised Code Section (A) and (C)(6)(a), a felony of the fifth (5th) degree, Count Nine FORGERY in violation with Ohio Revised Code Section (A)(2), a felony of the JM # q.l.:/"-----

4 fifth (5th) degree. The State of Ohio was represented by Clifford J. Murphy, Assistant Richland County Prosecutor, and the Defendant appeared with Attorney Rolph Whitney. Prior to imposing sentence, the Court afforded all parties present the opportunity to be heard with regard to sentencing. The State of Ohio took no position with regard to sentencing. The Court gave defense counsel an opportunity to speak on behalf of the Defendant, which counsel did. The Court addressed the Defendant personally and asked him if he wished to make a statement on his own behalf, or present any information in mitigation of punishment, which he did. The Court advised both parties that the Court had received and reviewed a full and complete Pre-Sentence Investigation Report from Oriana House prior to the hearing. The Court reviewed the purposes of felony sentencing as set forth in Section of the Ohio Revised Code. Specifically, the Court noted that: 11 The overriding purposes of felony sentencing are to punish the offender and protect the public from future crime committed by the offender and others using the minimum sanctions that the Court determines accomplish those purposes, without imposing an unnecessary burden on state or local government resources. 11 The Court must always consider the need for incapacitation, deterrence, rehabilitation and restitution. 11 The sentence should be commensurate with, and not demeaning to, the seriousness of the offender's conduct and its impact on the victim and consistent with sentences for similar crimes by similar offenders. JM # s.c/...:.0...

5 The sentence must not be based on the offender's race, ethnicity, gender or religion. In fashioning a sentence in this case, the Court has fully considered the provisions of 0.R. C. Chapter 2929, the circumstances of the offense, the information contained in the pre-sentence investigation and the information furnished by the parties to this case. Based upon the facts and circumstances in evidence, and the pre-sentence investigation, the court specifically finds that the Defendant has the future ability to be employed and to pay financial sanctions in this case. Upon a consideration of the purposes and principles of the felony sentencing Jaw and the statutory sentencing factors, and after further weighing the above findings, the Court finds that the Defendant is amenable to community control sanctions and that a community control sentence is consistent with the purposes and principles of the felony sentencing Jaw of Ohio. SENTENCING ORDER OF THE COURT In regards to the following Counts as stated in the Indictment, Count One ILLEGAL USE OR POSSESSION OF DRUG PARAPHERNALIA in violation of Ohio Revised Code Section (C)(1), a Misdemeanor of the fourth (4th) degree, Count Two ENDANGERING CHILDREN in violation of Ohio Revised Code Section (A), a Misdemeanor of the first (1st) degree, Count Five GRAND THEFT in violation of Ohio Revised Code Section (A)(2), a felony of the fourth (4th) degree, Count Six FALSIFICATION in violation of Ohio Revised Code Section (A)(3), a misdemeanor of the first (1st) degree, Count Seven POSSESSION OF COCAINE in JM #..4.:::::~--

6 violation of Ohio Revised Code Section (A) and (C)(4)(a), a felony of the fifth (5th) degree, Count Eight POSSESSION OF HEROIN in violation with Ohio Revised Code Section (A) and (C)(6)(a), a felony of the fifth (5th) degree, Count Nine FORGERY in violation with Ohio Revised Code Section (A)(2), a felony of the fifth (5th) degree, and Counts Three, Four, and Ten were dismissed, and IT IS HEREBY ORDERED as follows: 1. RESIDENTIAL SANCTIONS: a. The Defendant shall be screened for admission to a Community Based Correctional Facility. b. Upon his admission to the Community Based Correctional Facility, the Defendant is ORDERED to spend a maximum of six (6) months at that facility and he shall successfully complete all requirements of that facility. c. The Defendant is specifically advised and it is ORDERED that leaving the Community Based Correctional Facility without authorization, including failure to return after being granted temporary leave, will constitute a violation of Ohio Revised Code Section (Felony Escape), and may result in an independent subsequent prosecution for such conduct. 2. NONRESIDENTIAL SANCTIONS: a. The Defendant SHALL be subject to probation supervision for a period of Three (3) years from December 29, 2014 by the Adult Parole Authority as a moderate ORAS level with a minimum of one face to face contact every week with his supervising officer. b. The Defendant is ORDERED to complete 100 hours of community work service in the manner and form approved by his supervising officer. c. The Defendant is ORDERED to participate in and successfully complete out-patient treatment at the Ashland County Counsel on Alcoholism and Drug Abuse (ACCADA) in Ashland, Ohio or at any other licensed substance abuse treatment facility or agency approved by the Adult Parole Authority. d. The Defendant SHALL submit to random drug and alcohol monitoring/testing as directed by his supervising officer. JM # Lq_!.f

7 e. The Defendant SHALL NOT use, possess or consume any alcoholic beverages or drugs of abuse. Furthermore, Defendant is not to be on the premises of any establishment which has the primary purpose for patrons to purchase alcohol. f. The Defendant is ORDERED to abide by the following curfew: Defendant to be at approved residence between the hours of 10:00 p.m. and 6:00 a.m., unless granted permission by his supervising officer to do otherwise. g. The Defendant is ORDERED to obtain and maintain full-time, verifiable gainful employment with no fiscal responsibilities. The Defendant shall not lose his employment for cause. h. The Defendant SHALL abide by and follow general rules, regulations and/or special condition recommendations of the Adult Parole Authority, and he shall obey all laws and all orders of the Court. 1. The Defendant SHALL keep his supervising officer informed of his residence and place of employment, and shall obtain written permission from his supervising officer before changing his residence or employment. j. The Defendant SHALL NOT enter the grounds of any correctional facility, nor attempt to visit any prisoner without the written permission of his supervising officer, and SHALL NOT communicate with any prisoner in any manner without obtaining permission from his supervising officer. k. The Defendant SHALL report any arrest, citation for a violation of law, conviction, or any other contact with a law enforcement officer to his supervising officer within 24 hours of the arrest, citation, conviction or other law enforcement contact. I. The Defendant SHALL NOT associate with person having a criminal background and/or persons who may have gang affiliation, or who could influence Defendant to engage in criminal activity, without the prior permission of his supervising officer. m. The Defendant SHALL give all information regarding his financial status to his supervising officer, to assist in determining Defendant's ability to pay specific financial obligations. Furthermore, the Defendant shall provide all documents associated with financial assets to which the Defendant has any interest in to include, checking account(s), savings account(s), credit card(s), etc. JM # --.!t/.-=...~.:_

8 n. The Defendant SHALL use only one pharmacy, supervising officer to be provided with name and address, and shall provide a list of all prescriptions to his supervising officer. Furthermore, Defendant shall notify his physicians and other care providers of his probation status and his convictions and provide all physicians and care providers names and addresses to his supervising officer. o. The Defendant SHALL allow his supervising officer full access to his cell phone and records associated with his cell phone. Defendant SHALL NOT own or utilize a pager or scanner. p. The Defendant SHALL HAVE NO contact, whether direct or indirect, with Jessica Williams or her family. q. The Defendant SHALL HAVE NO contact, whether direct or indirect, with Ron Hammer and Jill Hammer or their extended family members. FINANCIAL SANCTIONS WITH REGARD TO COUNTS : The Defendant shall pay court costs in this case, including a sum of $30.00, taxed as costs pursuant to Ohio Revised Code Section , and a sum of $30.00, to be paid over to the Treasurer of the State of Ohio, pursuant to Ohio Revised Code Section It is further ORDERED that a sum of $25.00 is taxed as costs pursuant to Ohio Revised Code Section The Defendant is ORDERED to pay a supervision fee while under supervision by the Adult Parole Authority in the amount of Twenty Dollars ($20.00) per month, effective with the journalization of this judgment entry. During Defendant's term of supervision through the Adult Parole Authority, the supervision fee shall be payable through the Clerk of Courts. 4. LICENSE SUSPENSION: The Defendant's operator's license shall be SUSPENDED for a period of Six (6) months, commencing August 28, The Court further ORDERS, based upon the statutory sentencing factors, that if the Defendant violates the conditions of this sanction, he will be ordered to serve 12 Months under the authority of the Ohio Department of Rehabilitation and Correction in an JM #,1/'-={p'---,_

9 appropriate penal institution with regard to the offense Count Five GRAND THEFT in violation of Ohio Revised Code Section (A)(2), a felony of the fourth (4th) degree; 12 Months under the authority of the Ohio Department of Rehabilitation and Correction in an appropriate penal institution with regard to the offense of Count Seven POSSESSION OF COCAINE in violation of Ohio Revised Code Section (A) and (C)(4)(a), a felony of the fifth (5th) degree; and 12 Months under the authority of the Ohio Department of Rehabilitation and Correction in an appropriate penal institution with regard to the offense of Count Eight POSSESSION OF HEROIN in violation with Ohio Revised Code Section (A) and (C)(6)(a), a felony of the fifth (5th) degree. The Court reserves jurisdiction to make specific findings and orders concerning whether, if imposed, those prison terms shall be served concurrently or consecutively to one another. The Court has also advised the defendant that the defendant is subject to three (3) years of Post Release Control in the event that a Prison Sentence is imposed upon the defendant. The Court advised the Defendant that if he fails to pay the costs assessed in this matter, or fails to timely make payments under a payment schedule approved by the Court, the Court may order him to perform community service in an amount of not more than forty (40) hours per month until the costs are paid or until the Court is satisfied that the Defendant is in compliance with the court-approved payment schedule. The Court further advised the Defendant that if the Court orders him to perform Community Service, he will receive credit against the court costs still due at the specified hourly credit rate per JM #_--Lq-L7

10 hour of Community Service performed, and each hour of Community Service performed will reduce the court costs remaining due by that amount. The Court verbally notified the Defendant of the consequences of a violation of community control. The Court further advised the Defendant of his right to appeal and his right to court-appointed counsel to represent him in an appeal, if he were indigent. The Court further advised the Defendant of the necessity that any appeal be filed in writing with the Court within thirty (30) days of the filing of the sentencing entry of the Court. The Defendant acknowledged an understanding of the Court's explanation of community control and appeal rights. It is further ORDERED that the Pre-Sentence Investigation Report shall be filed UNDER SEAL in this case. Bond is released. It is so ORDERED. CC?2? ~ Charles E. Brown Jr., Judge cc: Richland County Prosecutor R. Rolf Whitney, Attorney for Defendant Timothy Potts, Defendant ACCADA Adult Parole Authority Ashland County Sheriff Investigating Agency- Ashland Police Department Court JM # q.!-::g