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Appeals court orders resentencing in Trumbull criminal case
By Ed Runyan
WARREN
The Warren-based 11th District Court of Appeals has reversed the sentencing of a defendant by a Trumbull County judge and ordered him to conduct a new hearing to correct two errors.
The decision stems from an April 17, 2014, sentencing hearing for Joseph D. Daniel Jr. on two misdemeanor charges – aggravated trespass and obstructing official business.
Daniel had been indicted on two felony charges but pleaded guilty later to charges reduced to misdemeanors.
Judge Ronald Rice of common pleas court ordered that Daniel, 25, formerly of Brier Street Southeast, serve five years of probation with no jail time, but if he violated the terms of his probation, the court could impose a sentence of six months in jail for the aggravated trespass and four months for the obstructing official business.
In his appeal, however, Daniel’s attorney said the potential jail sentence for obstructing official business is three months instead of four. Judge Rice agrees it was an error.
Daniel’s attorney also argued that Judge Rice’s statement that Daniel was looking at the possibility of 10 months in jail if he violated probation also was incorrect because Daniel had already served 61/2 months in the county jail awaiting trial.
Judges Timothy P. Cannon and Colleen Mary O’Toole wrote in their opinion they agreed with both arguments, saying the judge should resentence Daniel to indicate he faces a maximum of nine months in jail if he violates probation and to indicate in Daniel’s sentencing entry he had already served 61/2 months in jail and is entitled to credit for it.
Judge Diane V. Grendell wrote a dissenting opinion.