2021 Ohio 1375
Ohio Ct. App.2021Background
- On July 10, 2018 Shadyside police issued two citations to Greg Givens: (1) noxious weeds exceeding six inches (Shadyside Ord. 521.12) and (2) unlicensed/immobilized vehicles (Shadyside Ord. 521.13).
- Givens, proceeding pro se, pleaded not guilty, filed multiple pretrial motions, and was tried on August 16, 2018; the trial court found him guilty of “count one,” dismissed “count two,” fined $100 and $95 costs (both suspended if property was cleaned by a date certain).
- The trial court’s initial entry failed to identify which offense was convicted; this court sua sponte remanded for a final appealable order; the trial court later entered a nunc pro tunc stating conviction for the noxious-weed minor misdemeanor (Ord. 521.12).
- Givens raised eight assignments of error on appeal, challenging (among other things) the adequacy of the judgment entry, sufficiency/weight of the evidence and ownership of the property, denial of counsel, denial of pretrial motions, and lack of a transcript.
- The court could not obtain a usable transcript of the trial audio; Givens did not provide a transcript substitute under App.R. 9, so the appellate court could not review evidence-based claims and presumes regularity of the proceedings.
- The appellate court overruled all assignments of error and affirmed the trial court judgment; costs taxed to appellant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment entry identified the convicted offense | Trial court corrected the defect by nunc pro tunc entry naming Ord. 521.12 (noxious weeds, minor misdemeanor) | Original entry ambiguous (guilty of “count one”); violates requirement to identify offense and degree | Court: Remand cured defect; nunc pro tunc entry was proper — assignment overruled |
| Sufficiency/manifest weight of evidence and ownership of property | The record (including citation and photos) supported conviction; lack of transcript prevents appellate review | Givens: he did not own/occupy the property and conviction lacked sufficient evidence | Court: No transcript substitute provided per App.R. 9, so evidence-based claims cannot be reviewed — assignment overruled |
| Right to counsel / waiver requirements | Minor misdemeanor charges carry no jail time; no right to appointed counsel; no required waiver colloquy | Givens: trial court failed to advise he waived right to counsel | Court: No right to appointed counsel for minor misdemeanors (Argersinger); no error — assignment overruled |
| Denial of pretrial motions, continuance, discovery, and transcript access | Any timeliness errors were harmless; the citation itself provided sufficient particulars; trial court did not act arbitrarily | Givens: court abused discretion by denying timely motions, rushing trial, and failing to provide transcript access | Court: Some motions were untimely but five were timely; abuses were harmless or unproven; transcript unavailability placed burden on appellant to supply substitute — assignment overruled |
Key Cases Cited
- Argersinger v. Hamlin, 407 U.S. 25 (1972) (Sixth Amendment right to appointed counsel attaches only when imprisonment is a possible penalty)
- State v. Chinn, 85 Ohio St.3d 548 (1999) (bill of particulars requires showing of prejudice from lack of particularization)