578 N.E.2d 473 | Ohio Ct. App. | 1989
Appellant, Sally Ann Shelton, was convicted of violating R.C.
The facts show that sometime in the afternoon of April 5, 1988, appellant came to the Sheriff's Department. The sheriff testified: *139
"A. O.K., she came into the Sheriff's Office, I'm not sure what time in the afternoon it was, she'd been there on previous occasions. She went around to the jailer's door and we sent her around to the front door. She came in. At that time I told here [sic] we did not want her coming back into the Sheriff's Office anymore. We did not want her making any phone calls to the Sheriff's Office. The next time she did come into the Sheriff's Office she would be arrested for trespassing."
At 10:00 p.m., appellant returned to the lobby of the sheriff's office and asked for money from an inmate's account. Deputy Jones, who knew the appellant because he had warned her to stay away from the jail, was on duty at that time and arrested her. Deputy Jones testified that she was not asked to leave, and that at the time of her arrest she was in the public lobby, which is open twenty-four hours a day. Deputy Jones further admitted that, essentially, appellant was arrested because she was a nuisance.
Appellant appeals, designating two assignments of error.
"First Assignment of Error
"The trial court was in error in finding her guilty, in as much as no crime was committed, the entering of a public place, which has access to all members of the public is not a violation of the statute.
"Second Assignment of Error
"The imposition of a suspended sentence of thirty (30) days in jail conditioned upon paying the counsel fees is illegal, and a violation of Rule 44 of the Rules of Criminal Procedure."
R.C.
"Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access[.]"
It is well established that trespass can be committed on public land. Adderley v. Florida (1966),
When R.C.
The state has failed to prove all the elements of trespass.Beachwood v. Cohen (1986),
Assignment of error one is well taken and is sustained.
Assignment of error two is also sustained.
The court's sentence here violates both the Constitution and state statutes.
A person is entitled to counsel under the
"(2) That he has a right to counsel and the right to a reasonable continuance in the proceedings to secure counsel, and, pursuant to Crim.R. 44, the right to have counsel assigned without cost to himself if he is unable to employ counsel[.]"
If a sentencing court adopts a policy of making reimbursement of the cost of appointed counsel a condition of probation, the chilling effect on the
R.C.
While costs may be assessed against a defendant in a proper case under R.C.
The judgment of the trial court is reversed and defendant is ordered discharged.
Judgment accordingly.
HOMER E. ABELE and STEPHENSON, JJ., concur.