Opinion
No. WD-11-025.
Decided: July 25, 2011.
Trial Court No. 2008CR0533.
James C. Young, for appellant.
DECISION AND JUDGMENT
{¶ 1} This matter is before the court on the motion of defendant-appellant, Paul Turner, to reconsider our prior decision denying Turner's application for release on bail and suspension of execution of sentence pending appeal. The state has filed no response.
{¶ 2} On June 7, 2011, this court denied Turner's application because it was not supported by affidavit as required under App. R. 8(B) and 6th Dist. Loc. App. R. 17. Turner has submitted an affidavit along with his motion for reconsideration, which contains the information required under the foregoing rules, and requests that we now review his original application on the merits.
{¶ 3} Turner was sentenced to ten months in prison and five years of postrelease control on one count of gross sexual imposition, with all but 120 days suspended. He was also determined to be a Tier I sex offender. The trial court denied Turner's motion for release on bail during the pendency of his appeal, but has stayed his sentence until his present motion for bail is decided by this court. Without a stay, Turner's jail sentence will likely be served prior to the completion of the appeal process.
{¶ 4} Upon due consideration, Turner's motion for reconsideration is found well-taken, and his request for stay of execution of sentence, including the reporting requirements for a sexual offender, is hereby granted on condition that he post a $2,500 bond. Upon the posting of the bond, execution on appellant's sentence will be stayed during the pendency of his appeal.
MOTION GRANTED.
Peter M. Handwork, J., Mark L. Pietrykowski, J., Stephen A. Yarbrough, J., CONCUR.