2/16/2022 1 Title : PRO
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UBLICIZE CT PROCEED GRANT
for WTVG for February 16, 2022 at 2:30 p.m.
PARTY : D1 - CISNEROS JACOB ANDREW
2/16/2022 2 Title : SENTENCED TO JAIL (SB2)
779-000004225 issued by 203 ()
On February 16, 2022 defendant's sentencing hearing was
held pursuant to R.C. 2929.19. Court reporter KENDRA
CARROLL, defense attorney PETER G BOYER and STEPHEN
HARTMAN and the State's attorney FRANK SPRYSZAK and ERIN
KENNEDY were present as was the defendant JACOB ANDREW
CISNEROS, who was afforded all rights pursuant to Crim.R.
32. The Court has considered the record, oral statements,
any victim impact statement and presentence report
prepared, as well as the principles and purposes of
sentencing under R.C. 2929.11, and has balanced the
seriousness, recidivism and other relevant factors under
R.C. 2929.12.
The Court finds on February 8, 2022 the defendant entered
a plea of North Carolina v. Alford and was found guilty by
the Court of the Lesser Included offense of Count 1,
Complicity in the Commission of Involuntary Manslaughter,
a violation of R.C. 2923.03(A)(2) & 2903.04(B), a felony
of the Third degree; the Lesser Included offense of Count
5, Complicity in the Commission of Involuntary
Manslaughter, a violation of R.C. 2923.03(A)(2) &
2903.04(B), a felony of the Third degree; Count 7,
Tampering With Evidence, a violation of R.C.
2921.12(A)(1)&(B), a felony of the Third degree; and
Count 8, Obstructing Justice, a violation of R.C.
2921.32(A)(5)&(C)(1)&(C)(4), a felony of the Third degree.
The Court further finds the defendant is not amenable to
community control and that prison is consistent with the
purposes of R.C. 2929.11.
It is ORDERED that defendant serve a term of
36 months
in prison as to Count 1; 36 months in prison as to Count
5; 30 months in prison as to Count 7; and 30 months in
prison as to Count 8. Pursuant to R.C. 2929.19(B)(2)(f),
Defendant must not ingest or be injected with a drug of
abuse and must submit to random drug-testing, the results
of which must be negative. Being necessary to fulfill the
purposes of R.C. 2929.11 and 2929.14(C)(4), consecutive
sentence are necessary to protect the public from future
crime or to punish the offender and are not
disproportionate to the seriousness of the offender's
conduct and to the danger the offender poses to the
public. The court further finds the harm caused was great
or unusual such that no single prison term is adequate,
therefore
the sentences are ordered to be served
consecutively for an aggregate sentence of 132 months in
the Ohio Department of Rehabilitations and Corrections.
Defendant notified he/she may be eligible to earn days of
credit under the circumstances specified in R.C. 2967.193,
and that these days of credit are not automatic, but must
be earned in the manner provided for in R.C. 2967.193.
The aggregate days of credit under this section shall not
exceed 8% of the total number of days of the stated prison
term.
Defendant notified that under federal law 18 USC 922(g)
and state law, as a result of a felony conviction or a
misdemeanor offense of violence conviction against a
family or household member, defendant shall never be able
to ship, use, receive, purchase, own, transport, or
otherwise possess a firearm or ammunition and violation is
punishable as a felony offense.
The Court finds this offense is an offense of violence
pursuant to R.C. 2901.01(A)(9)(a)-(d). It is further
ORDERED the defendant is subject to 3 years mandatory post
release control as to count 1, 3 years mandatory post
release control as to count 5, 2 years discretionary post
release control as to count 7, 2 years discretionary post
release control as to count 8, after the defendant's
release from imprisonment pursuant to R.C. 2967.28 and
2929.14.
Defendant given notice of appellate rights under R.C.
2953.08. Defendant notified of 3 years mandatory post
release control as to count 1, 3 years mandatory post
release control as to count 5, 2 years discretionary post
release control as to count 7, 2 years discretionary post
release control as to count 8,
Defendant notified that if post release control conditions
are violated the adult parole authority or parole board
may impose a more restrictive or longer control sanction
or return a defendant to prison for up to nine months for
each violation, up to a maximum of 50% of the stated term
originally imposed. Defendant further notified that if
the violation of post release control conditions is a new
felony, a defendant may be both returned to prison for the
greater of one year or the time remaining on post release
control, plus receive a prison term for the new felony.
CONTINUED ON NEXT ENTRY . . . .
PARTY : D1 - CISNEROS JACOB ANDREW
2/16/2022 3 Title : SENTENCED TO JAIL (SB2)
CONTINUED FROM PREVIOUS ENTRY . . .
Pursuant to the request of the State of Ohio a nolle
prosequi is entered as to Counts 2, 3, 4 and 6.
Defendant is ORDERED conveyed to the custody of the Ohio
Department of Rehabilitation and Corrections. Credit for
178 days is granted as of this date along with future
custody days while defendant awaits transportation to the
appropriate state institution.
Defendant found to have, or reasonably may be expected to
have, the means to pay all or part of the applicable costs
of supervision, confinement, and prosecution as authorized
by law. Defendant ordered to reimburse the State of Ohio
and Lucas County for such costs. This order of
reimbursement is a judgment enforceable pursuant to law by
the parties in whose favor it is entered. Defendant
further ordered to pay the cost assessed pursuant to R.C.
9.92(C), 2929.18 and 2951.021 if not sentenced to ODRC.
Notification pursuant to R.C. 2947.23 given.
Defendant ordered remanded into custody of Lucas County
Sheriff for immediate transportation to appropriate state
institution.
JUDGE LINDA J JENNINGS
PARTY : D1 - CISNEROS JACOB ANDREW
link:
Clerk of Courts Docket