Login | November 06, 2024
Appellate panel upholds unlawful securities practices conviction
KEITH ARNOLD
Special to the Legal News
Published: October 30, 2024
A Franklin County appellate panel recently upheld the conviction and sentence of a Zanesville man, who was indicted on more than 60 counts of unlawful securities practices in an eight-month period ending in March 2018.
Jeffrey Hall, 61, who was sentenced to four years in prison and ordered to pay restitution in the amount of $1,211,608 to victims, failed to persuade the Tenth District Court of Appeals panel that his right to a speedy trial was violated and his court-appointed attorney provided ineffective counsel.
“Appellant contends generally that his counsel’s trial preparation was ‘wholly insufficient,’” Tenth District Judge David Leland wrote for the 3-0 panel. “The record in this case belies appellant’s contention that his counsel failed to file motions on his behalf. Following his appointment in November 2018, counsel for appellant filed various motions, including motion for bond, motion for investigative fees and motion to withdraw guilty plea. Counsel also filed a memorandum in opposition to the state’s motion for joinder and a sentencing memorandum.”
Hall was indicted July 27, 2017, in case No. 17CR-4124 on 31 counts of unlawful securities practices and two counts of theft. On March 13, 2018, he was indicted in case No. 18CR-1232 on 30 counts of unlawful securities practices, in violation of R.C. 1707.44, and a single count each of theft from a person in a protected class and telecommunications fraud.
Prosecutors for the state filed a motion for joinder of the two cases April 23, 2018, according to case background.
The public defender withdrew from the initial case Nov. 15, 2018, and the trial court appointed attorney Jeremy Dodgion to represent Hall in that case.
The trial court subsequently granted the state’s motion for joinder March 7, 2019, and Hall filed a notice the following month that he was acting pro se in No. 18CR-1232, summary detailed.
On Feb. 2, 2020, Hall filed a motion to discharge/dismiss the indictment in case No. 18CR-1232 on speedy trial grounds.
Two days later, he entered a guilty plea to one count of unlawful securities practices and one count of telecommunications fraud in the case he had moved to dismiss.
Hall also entered guilty pleas that day to three counts of unlawful securities practices.
He filed a pro se motion to withdraw his guilty plea in No. 18CR-1232 July 13, 2020, and another to withdraw the guilty plea in No. 17CR-4124 a week and a half later. The state opposed both motions, background provided.
The trial court conducted a hearing on the motions Aug. 4, 2020, denying both the next day.
The trial court on Aug. 21, 2020, sentenced Hall in case No. 18CR-1232 to 24 months each on both counts, with the counts to run concurrent to each other and to case No. 17CR-4124.
It also sentenced him in case No. 17CR-4124 to four years on Count 20, 24 months on Count 5 and 12 months on Count 13, with each count concurrent to each other and to case No. 18CR-1232, for a total sentence of four years’ incarceration.
“Even if appellant had not entered a guilty plea, we would agree with the state the record fails to show a violation of statutory speedy trial rights,” Leland wrote. “Under R.C. 2945.71(C)(2), a defendant against whom a felony charge is pending ‘shall be brought to trial within 270 days after the person’s arrest.’ The time in which a defendant must be brought to trial may be extended under certain exceptions.”
The appellate judged noted that, in general, the proper standard of review in speedy trial cases is to simply count the number of days passed while determining to which party the time is chargeable.
“We note appellant’s argument … fails to address the multiple continuance entries and/or tolling events attributable to motions he filed,” Leland concluded. “Accordingly, even if appellant had not waived the speedy trial issue, the record indicates no violation of appellant’s statutory speedy trial rights.”
Tenth District judges Julia Dorrian and Terri Jamison concurred with Leland’s opinion.
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