The Press Newspaper

Toledo, Ohio & Lake Erie

The Press Newspaper

The Press Newspaper

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The Sixth District Court of Appeals in Wood County has upheld the 2014 conviction of a man for a theft charge stemming from an incident at a hotel in Northwood.

Nathaniel L. Lewis, Jr., had appealed a Wood County Common Pleas Court sentence of 11 months in prison after he pled guilty to a fifth degree felony theft charge. The original indictment included one count of felonious assault but was amended to the theft charge.

In his appeal, Lewis argued the trial court failed to comply with statutory sentencing requirements – in particular the court improperly considered prior, unrelated dismissed charges in imposing the prison sentence.

During the sentencing hearing, the court asked Lewis’ attorney if Lewis had been charged with assault four times.

The attorney responded that he was unsure of how many charges but Lewis had never been convicted of assault.

Court records show the judge said the attorney was “arguing semantics” and read records from Toledo Municipal Court indicating Lewis had been charged with assault three times but the charges were dismissed or amended and from a Lucas County Common Pleas Court case in which he was charged with domestic violence but it too was dismissed.

The attorney argued such considerations were “legally irrelevant and could not be properly used at sentencing.”

The (trial) court countered that in sentencing Lewis it considered the fact that he committed the offense while under community control sanctions and that he admitted to causing serious physical harm to someone during the events leading to the theft charge.

“Although we disagree with the court’s statement that a charge versus a conviction is just ‘semantics,’ there was ample evidence in the record to support appellant’s sentence and, thus, the sentence was not contrary to law,” the appeals court wrote.

 

Universal Income

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32550042 [{"id":"323","title":"It will help millions of people who are increasingly losing their jobs to automation.","votes":"1","pct":8.33,"type":"x","order":"1","resources":[]},{"id":"324","title":"No, if the proposal is paid for by tax payers.","votes":"10","pct":83.33,"type":"x","order":"2","resources":[]},{"id":"325","title":"Yes, if billionaires pay for it, as labor costs disappear due to automation.","votes":"1","pct":8.33,"type":"x","order":"3","resources":[]}] ["#194e84","#3b6b9c","#1f242a","#37414a","#60bb22","#f2babb"] sbar 160 160 /component/communitypolls/vote/118-universal-income No answer selected. Please try again. Thank you for your vote. Answers Votes ...