State v. Goldshtein
2012 Ohio 246
Ohio Ct. App.2012Background
- Goldshtein appealed a four-year prison sentence following a community control violation.
- He had pled guilty to violating community control terms at a October 29, 2010 hearing after questioning the possibility of a special bond and counsel.
- The trial court refused any bond and denied postponing the hearing with terms for the guilty plea.
- Goldshtein argued the court erred by refusing the special bond and by overlooking his notice of dishonor, which was not part of the appellate record.
- The appellate court concluded the bail issue was discretionary and the notice of dishonor was not reviewable on direct appeal, affirming the judgment.
- The State's case proceeded in Summit County Court of Common Pleas with the appellant pro se and the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred in denying the special bond. | Goldshtein | Goldshtein | No error; court had discretion on bail at a community control hearing. |
Key Cases Cited
- Sherlock v. Myers, 9th Dist. No. 22071, 2004-Ohio-5178 (9th Dist. 2004) (pro se liberality; but same procedural rules apply)
- Countrywide Home Loans Servicing, L.P. v. Murphy-Resling, 2010-Ohio-6000 (9th Dist. 2010) (pro se standard; govern pleadings and motions)
- State v. Tibbetts, 92 Ohio St.3d 146 (2001) (pretrial bail error is moot after conviction)