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City of Girard v. John A. Giordano, Case No. 2017-1069
Eleventh District Court of Appeals (Trumbull County)
ISSUE: When a trial court doesn't attain an explanation of circumstances as required by R.C. 2937.07 as part of a no contest plea to a misdemeanor offense, do the double jeopardy clauses of the U.S. and Ohio constitutions discharge the defendant from criminal liability and bar subsequent prosecution for the same offense?
BACKGROUND:
In February 2016, the city of Girard, near Youngstown, charged John A. Giordano with cruelty to animals, a second-degree misdemeanor. Giordano pled no contest to the offense. The trial court found Giordano guilty and sentenced him in June 2016 to a suspended 90-day jail term and one year probation, fined him $750 with $500 suspended, and ordered him to give up his dog, Hazard.
Eleventh District Court of Appeals (Trumbull County)
ISSUE: When a trial court doesn't attain an explanation of circumstances as required by R.C. 2937.07 as part of a no contest plea to a misdemeanor offense, do the double jeopardy clauses of the U.S. and Ohio constitutions discharge the defendant from criminal liability and bar subsequent prosecution for the same offense?
BACKGROUND:
In February 2016, the city of Girard, near Youngstown, charged John A. Giordano with cruelty to animals, a second-degree misdemeanor. Giordano pled no contest to the offense. The trial court found Giordano guilty and sentenced him in June 2016 to a suspended 90-day jail term and one year probation, fined him $750 with $500 suspended, and ordered him to give up his dog, Hazard.
June 13, 2018