IN THE
COURT OF COMMON PLEAS
ASHTABULA COUNTY, OHIO
STATE OF OHIO CASE
NO. 2004-CR-175
Plaintiff JUDGE Mackey
vs.
SELLERS JUDKINS INFORMATION
Defendant
Now comes the State of Ohio, by and through its counsel, Ariana E. Tarighati, Assistant
Prosecutor for THOMAS L. SARTINI, the duly qualified, elected, and acting Prosecuting
Attorney for Ashtabula County, and by way of Information states that:
On or between October 1, 1999 and
August 31, 2002, in the County of Ashtabula, State of Ohio, one SELLERS JUDKINS,
did with purpose to deprive PACE Local 5-139, the owner, of property, to-wit:$4,217.23,
knowingly obtain or exert control over said property beyond the scope of the
express or implied consent of PACE Local 5-139, the owner or other person
authorized to give consent, the value being more than $500.00 and less than
$5,000.00. This constitutes the offense of Theft, a felony of the fifth degree,
in violation of Section 2913.02(A)(2), against the peace and dignity of the
State of Ohio.
Respectfully submitted,
THOMAS L. SARTINI, 0001937
PROSECUTING ATTORNEY
By: /SIGNED/______________
Ariana E.
Tarighati, 0039372
Chief Assistant
Prosecutor
IN THE COURT OF COMMON PLEAS
ASHTABULA COUNTY, OHIO
STATE OF OHIO CASE
NO. 2004-CR-175
Plaintiff JUDGE Mackey
vs.
SELLERS JUDKINS PLEA OF GUILTY
Defendant
I enter a plea of GUILTY to
“Theft” in violation of Section 2913.02 of the Ohio Revised Code, a felony of
the 5th degree, as stated in the Information.
I understand the MAXIMUM penalty
COULD be: a maximum basic prison term for a felony of the 5th degree of 6, 7,
8, 9, 10, 11, or 12 months, of which -0- is mandatory, during which I am
eligible for judicial release. The maximum fine possible is $2,500.00, of which
$-0- is mandatory. If I am now on felony probation or parole, this plea may
result in revocation proceedings and any new sentence could be imposed
consecutively. Restitution, financial costs and community control (probation)
are possible in my case.
I know any prison term stated will
be the term served without good time credit.
Post-Release Control: Should I receive a prison term,
after I am released, I may have a period of post-release control for three (3)
years following my release from prison. If I violate a post-release control
sanction imposed upon me, any one or more of the following may result.
(1) The Parole Board may impose a
more restrictive post-release control sanction upon me; and
(2) The Parole Board may increase
the duration of the post-release control subject to a specified maximum; and
(3) The more restrictive sanction
that the Parole Board may impose may consist of a prison term, provided that
the prison term cannot exceed nine months and the maximum cumulative prison
term so imposed for all violations during the period of post-release control
cannot exceed one-half of the stated prison term originally imposed upon me;
and
(4) If the violation of the
sanction is a felony, I may be prosecuted for the felony and, in addition to
any sentence it imposes on me for the new felony, the Court may impose a prison
term, subject to a specified maximum, for the violation.
I hereby certify the Court read to
me, and gave to me in writing, the notice set forth herein.
If I am granted community control
at any point in my sentence, and if I violate any of the conditions imposed, I
could be given a longer period under court control, greater restrictions, or a
prison term from the basic range. Community control could last five years.
I understand the nature of these
charges and the possible defenses I might have. I am satisfied with my
attorney’s advice counsel and competence. I am not now under the influence of
drugs or alcohol. No threats have been made to me. No promises have been made
except as part of the stated plea agreement. I understand that the Court is not
bound by any agreements of the parties.
I understand by pleading guilty I
give up my right to a jury trial or court trial, where I could see and have my
attorney question witnesses against me, and where I could use the power of the
court to call witnesses to testify for me. I know at trial I would not have to
take the witness stand and could not be forced to testify against myself and
that no one could comment if I chose not to testify.
I understand I waive my right to
have the prosecutor prove my guilt beyond a reasonable doubt.
By pleading guilty I admit
committing the offense and will tell the Court the facts and circumstances of
my guilt. I know the judge may either sentence me today or refer my case for a presentence
report. I understand my right to appeal a maximum sentence, my other limited
appellate rights and that any appeal must be filed within 30 days of my sentence.
I understand the consequences of a conviction upon me if I am not a U.S. citizen. I enter this plea
voluntarily.
Date: 4/30/04 ______________________
Sellers Judkins, Defendant, Pro Se
THOMAS L. SARTINI, 0001937
PROSECUTING ATTORNEY
By: /SIGNED/____________
Ariana E. Tarighati, 0039372
Assistant Prosecutor
IN THE
COURT OF COMMON PLEAS
ASHTABULA COUNTY, OHIO
THE STATE OF OHIO CASE NO. 2004-CR-175
PLAINTIFF JUDGE MACKEY
vs.
SELLERS JUDKINS
DEFENDANT
On this day, the 30th of
April, 2004, came Ariana Tarighati, Chief Assistant Prosecutor, on behalf of
the State of Ohio, and the Defendant, SELLERS JUDKINS, Pro Se, charged by
Information of the Prosecuting Attorney, with Count One (1) “Theft” of the
Information, a felony of the fifth degree, in violation of O.R.C. Section
2913.02. The Defendant, orally and in open court, waived his right to be
represented by counsel as well as appointment of counsel in the event of indigency,
and stated he wished to proceed in this matter Pro Se.
After having been fully advised by
the Court of his constitutional right to be put on trial only after indictment
by a Grand Jury, and his right against self-incrimination; and when he was
informed of the nature and seriousness of the offense charged against him, he
indicated that he understood his rights, and orally and in writing, waived
indictment by Grand Jury and consented that prosecution proceed by Information,
and was accordingly arraigned.
Upon inquiry by the Court, the
Defendant indicated that he was a United States citizen.
The Defendant advised the court
that he waived the statutory requirement of service of a copy of the
Information twenty-four hours before the arraignment, and being asked whether
he was guilty or not guilty of the offense charged in said Information, orally
and in writing, says that he is guilty.
Thereupon, the Court explained in
detail to the Defendant, SELLERS JUDKINS, his constitutional right to a Jury
trial or trial to a Judge and all aspects thereof together with the right of
this Defendant to test the validity of any statement or admission if any had
been made, and his further right to test the validity of any search and seizure
that may have been made of his property, either personal or real; the Court
further explained to this Defendant the nature of the crime with which he has
been charged, together with the statutory penalty that could be imposed, and
further inquired of the Defendant whether the entering of a plea of guilty to
Count One (1) of the Information “Theft” was his own personal desire and
whether he fully understood all of his constitutional guarantees afforded him,
whereupon, the Defendant answered both inquiries in the affirmative
Thereupon, the Court asked the
Defendant to explain in detail the full circumstances of events occurring at
the time in question and such explanation was given by the Defendant
Therefore, it is the order of the
Court that the Defendant’s plea of guilty to Count One (1) of the Information,
“Theft” in violation of O.R.C. Section 2913.02, a felony of the fifth degree,
is accepted by the Court and entered of record.
Sentencing is passed from day to
day thereafter to allow for sufficient time for the processing of a Pre-Sentence
Investigative report.
Bond in this matter is set at
$1,000.00, Personal Recognizance.
IT IS SO ORDERED.
/SIGNED/___________
JUDGE ALFRED W. MACKEY
Pursuant to Civil Rule 58(B), the
Clerk of this Court is ordered to serve by regular mail, copies of this
Judgment Entry upon the following parties:
cc: Thomas L. Sartini, Prosecutor
Defendant, Sellers Judkins, 4605 Elm Avenue, Ashtabula, Ohio 44004
Adult Parole Authority/Adult Probation Department
Ashtabula County Sheriff’s Department
Jean A. Whitney, Assignment Commissioner
IN THE
COURT OF COMMON PLEAS
ASHTABULA COUNTY, OHIO
THE STATE OF OHIO CASE NO. 2004-CR-175
PLAINTIFF JUDGE MACKEY
vs.
SELLERS JUDKINS JUDGMENT ENTRY
DEFENDANT
On this day, the 12th day
of July, 2004, Defendant’s Sentencing Hearing was held pursuant to O.R.C. Section
2929.19. Assistant Prosecuting Attorney Teri Burnside, was present, as was
SELLERS JUDKINS, the Defendant, who appeared pro se, and who was afforded all
rights pursuant to Criminal Rule 32. Also present in Court was Brian Worrell of
the Adult Parole Authority. The Court has considered the record, oral
statements, as well as the principles and purposes of sentencing under O.R.C.
Section 2929.11, has balanced the seriousness and recidivism factors under
O.R.C. Section 2929.12, and has considered the factors under O.R.C. Section
2929.13(B).
The Court finds that the
Defendant, SELLERS JUDKINS, has been convicted of Count One (1) of the
Information, “Theft”, a felony of the fifth degree, in violation of O.R.C.
Section 2913.02.
It is hereby ORDERED, that the
Defendant, SELLERS JUDKINS, be sentenced to One (1) year of Community Control.
The supervision of the offender is to by the Adult Parole Authority,
specifically to include:
_X_ a Fine of $250.00
___ community service _______________hours
_X_ Basic supervised time of One (1) year (term)
___ electronic monitoring for ______________(term)
___ work release for ___________________(term)
___ Correctional Treatment Facility, ______________
___ Correctional Center of Northwest
Ohio for
______________(term)
_X_ Other As a condition of Community Control, Defendant
is to submit to random urinalysis for drug and alcohol monitoring. Defendant
shall also be responsible for payment of any fees associated with said drug and
alcohol assessment and random urinalysis testing.
Defendant is, therefore, ORDERED,
to report to the Ashtabula County Adult Parole Authority forthwith.
The Court notes Defendant has
already made restitution in the amount of $4,217.23.
Defendant is ordered to pay any
reimbursement determined by the Adult Parole Authority; all costs of
prosecution; any court-appointed counsel fees; and any fees permitted pursuant
to O.R.C. Section 2929.18(A)(4).
Bond as previously set is hereby
cancelled and held for naught, less any Clerk’s fees which may apply.
Costs of this matter are assessed
against Defendant.
Pursuant to Civil Rule 58(B), the
Clerk of this Court is ordered to serve copies of this Judgment Entry upon the
following parties: Thomas L. Sartini, Prosecutor; Defendant, Sellers Judkins,
Pro Se; Adult Parole Authority/Adult Probation Department; Ashtabula County
Sheriff’s Department; and Jean A. Whitney, Assignment Commissioner.
IT IS SO ORDERED.
/SIGNED/____________
JUDGE ALFRED W. MACKEY
CIV-I-12
