State v. Coppa

2026 Ohio 786
CourtOhio Court of Appeals
DecidedMarch 9, 2026
Docket2025-P-0043
StatusPublished

This text of 2026 Ohio 786 (State v. Coppa) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Coppa, 2026 Ohio 786 (Ohio Ct. App. 2026).

Opinion

[Cite as State v. Coppa, 2026-Ohio-786.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY

STATE OF OHIO, CASE NO. 2025-P-0043

Plaintiff-Appellee, Criminal Appeal from the - vs - Court of Common Pleas

NICHOLAS E. COPPA, Trial Court No. 2025 CR 00223 D Defendant-Appellant.

OPINION AND JUDGMENT ENTRY

Decided: March 9, 2026 Judgment: Affirmed

Connie J. Lewandowski, Portage County Prosecutor, and Theresa M. Scahill, Assistant Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).

Nicholas E. Coppa, pro se, Oriana House, P.O. Box 1501, Akron, OH 44309 (Defendant- Appellant).

ROBERT J. PATTON, J.

{¶1} Defendant-appellant, Nicholas E. Coppa (“Coppa”), appeals from the

judgment of the Portage County Court of Common Pleas sentencing him to a prison term

of ten (10) months as a result of his plea and conviction for identify fraud, a fifth-degree

felony, in violation of R.C. 2913.49. For the following reasons, we affirm.

{¶2} Coppa raises three main assignments of error for review on appeal. In his

assignments of error relating to his sentence, Coppa contends that his sentence is

contrary to law as he received a harsher sentence than the sentence imposed upon his

codefendant. Coppa also asserts that the trial court relied on materially false information regarding his codefendant’s status in the drug court program when determining his

sentence. Upon review, we find that Coppa’s sentence is not contrary to law. The trial

court’s sentence was within the statutory guidelines for the offense, and the trial court

considered R.C. 2929.11 and 2929.12. The trial court was not required to impose the

same sentence as Coppa’s codefendant. Additionally, upon review of the record in this

appeal, we determine that the trial court did not rely on materially false information. The

parties do not dispute that the codefendant was sentenced after the trial court imposed

its sentence in the instant case.

{¶3} In his next assignment of error, Coppa claims that the trial court was

disqualified from proceeding in the underlying case, and alleges that the trial court judge

violated due process by failing to recuse. Coppa did not file an affidavit of disqualification

pursuant to R.C. 2701.03, and he did not raise any claim of judicial bias in the court below.

A court of appeals does not have the authority to decide a claim pursuant to R.C. 2701.03.

Our review of Coppa’s judicial bias claim is limited to whether Coppa was denied due

process of law and precluded from having a fair proceeding. State v. Harris, 2025-Ohio-

5438, ¶ 83 (1st Dist.), citing State v. Loudermilk, 2017-Ohio-7378, ¶ 18 (1st Dist.). We

conclude that Coppa was not denied due process of law. Upon review of the record, we

find no evidence of an appearance of bias or prejudice, let alone evidence compelling

enough to overcome the presumption of judicial integrity.

{¶4} Lastly, Coppa contends that his counsel was ineffective for failing to pursue

R.C. 2701.03 disqualification or otherwise advise him of the procedure. There is nothing

in the record in this case to support a conclusion that an affidavit of bias would have been

granted had counsel pursued the affidavit or otherwise advised Coppa of the procedure.

PAGE 2 OF 16

Case No. 2025-P-0043 Moreover, Coppa points to no evidence in the record to suggest he was prejudiced by

trial counsel’s failure to pursue the affidavit of disqualification. As such, Coppa has failed

to demonstrate that trial counsel was ineffective.

{¶5} Therefore, as none of Coppa’s assignments of error are meritorious, the

judgment of the Portage County Court of Common Pleas is affirmed.

Substantive and Procedural Facts

{¶6} On March 26, 2025, the Portage County Grand Jury returned a single-count

indictment charging Coppa and a codefendant, Nicole Fisher (aka Nicole Trussel), with

theft, a first-degree misdemeanor, in violation of R.C. 2913.02. Two days later, on March

28, 2025, the Portage County Grand Jury returned a supplemental indictment charging

Coppa and his codefendant with identity fraud, a fifth-degree felony, in violation of R.C.

2913.49. Coppa pleaded not guilty at arraignment, and a personal recognizance bond

was set at $20,000 with the condition that Coppa report to Mid-American Court Services

for random substance abuse testing.

{¶7} On June 5, 2025, Coppa waived his rights and entered a plea of guilty to

the supplemental indictment. A presentence investigation (“PSI”) was ordered, and bond

was continued. The written plea of guilty indicated that the State of Ohio (“State”) would

concur with the PSI and the Victim Impact Statement (“VIS”). As this case was resolved

as a result of a plea, there are limited facts in the record. Transcripts of the plea hearing

were not made part of the record on appeal. Therefore, the only facts in the record were

those discussed during the sentencing hearing and contained within the PSI or VIS.

{¶8} Sentencing was held on June 30, 2025. At the sentencing hearing, the court

below noted Coppa’s prior criminal history. The trial court determined that the

PAGE 3 OF 16

Case No. 2025-P-0043 presumption for community control was overcome and imposed a prison term of 10

months.

{¶9} On July 7, 2025, Coppa filed his notice of appeal from the trial court’s

sentencing entry. Coppa also filed a motion for stay of execution of his sentence in the

trial court. The trial court denied Coppa’s motion on September 2, 2025. Coppa

subsequently filed a motion to stay execution of sentence pending appeal in this court.

Coppa’s request was overruled on September 22, 2025.

{¶10} On August 29, 2025, Coppa filed his initial merit brief (“initial brief”), prior to

the record being filed. On September 17, 2025, the State sought to supplement the record

with the transcripts of the sentencing hearing and requested to view the PSI. The State’s

requests were granted on September 19, 2025. The record was supplemented and filed

on September 23, 2025. The State filed its answer brief on October 14, 2025. Coppa filed

a motion to strike the State’s brief as untimely. As the State’s brief was timely filed,

Coppa’s motion was overruled on October 24, 2025.

{¶11} On October 28, 2025, Coppa filed a motion for leave to file a supplemental

brief to address “a newly recognized issue essential to the fairness of the proceedings

below.” This court granted Coppa’s motion on November 13, 2025. Coppa subsequently

filed his supplemental merit brief on November 17, 2025. At the request of Coppa, the

November 17, 2025 supplemental brief was stricken from the record and replaced with

Coppa’s November 21, 2025 supplemental brief (“supplemental brief”). The State did not

file a response to Coppa’s supplemental brief.

PAGE 4 OF 16

Case No. 2025-P-0043 The Appeal

{¶12} Coppa raises three assignments of error for review in his initial brief:

[1.] Judicial Bias and Appearance of Impropriety Require Vacatur.

[2.] Sentencing based on Materially False Information Violated Due Process.

[3.] Sentencing Disparity Contravenes R.C. 2929.11 and 2929.12

{¶13} In his supplemental brief, Coppa also raises three assignments of error:

[1.] The trial court violated due process by failing to recuse where a prior appellate reversal created an appearance of bias and impaired the court’s impartiality.

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2026 Ohio 786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-coppa-ohioctapp-2026.