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?
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.