State v. Langston

2024 Ohio 5069
CourtOhio Court of Appeals
DecidedOctober 21, 2024
Docket24 CA 5
StatusPublished
Cited by2 cases

This text of 2024 Ohio 5069 (State v. Langston) 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. Langston, 2024 Ohio 5069 (Ohio Ct. App. 2024).

Opinion

[Cite as State v. Langston, 2024-Ohio-5069.]

COURT OF APPEALS KNOX COUNTY, OHIO FIFTH APPELLATE DISTRICT

STATE OF OHIO JUDGES: Hon. John W. Wise, P.J. Plaintiff-Appellee Hon. Craig R. Baldwin, J. Hon. Andrew J. King, J. -vs- Case No. 24 CA 5 URIAH LANGSTON

Defendant-Appellant OPINION

CHARACTER OF PROCEEDING: Criminal Appeal from the Court of Common Pleas, Case No 22 CR 08-0179

JUDGMENT: Affirmed in Part; Reversed in Part and Remanded

DATE OF JUDGMENT ENTRY: October 21, 2024

APPEARANCES:

For Plaintiff-Appellee For Defendant-Appellant

CHARLES T. McCONVILLE TODD W. BARSTOW PROSECUTING ATTORNEY 261 West Johnstown Road 117 East High Street, Suite 234 Suite 204 Mount Vernon, Ohio 43050 Columbus, Ohio 43230 Knox County, Case No. 24 CA 5 2

Wise, P. J.

{¶1} Defendant-Appellant, Uriah Langston, appeals the judgment entry of the

Knox County Court of Common Pleas awarding restitution to victims of his thefts and

denying his request for return of seized property.

{¶2} Plaintiff-appellee is the State of Ohio.

FACTS AND PROCEDURAL BACKGROUND

{¶3} In August, 2022, the Knox County Grand Jury returned a nine-count

indictment charging appellant, Uriah Langston, with six counts of receiving stolen

property, one count of theft, one count of criminal trespass and one count of engaging in

a pattern of corrupt activity. The counts ranged from a second degree felony to a

misdemeanor of the fourth degree. The ninth count contained a forfeiture specification

for a gray Chevrolet Silverado truck.

{¶4} The record contains some details of the charges. Langston, driving a

Chevrolet Silverado truck with “Can’t Stop/Won’t Stop Construction” logo or a bicycle

would trespass on sites where building materials and goods used for residential homes

being constructed and a hospital being renovated were stored, and steal materials, tools

and goods used for construction. Bill of Particulars Sept. 14, 2022, Restitution Hearings,

Nov. 30, 2023, Feb. 1, 2024. He would store the goods, including a refrigerator, a

generator, a hot water heater and drills and bits, in storage lockers and a Haulmark trailer

attached to his truck. Some of the appliances ended up outfitting his mother’s kitchen.

Some of the goods, including a washer and dryer, were sold to third-party vendors.

{¶5} On May 23, 2023, Langston changed his not guilty plea to guilty to engaging

in a pattern of corrupt activity, a violation of R.C.2923.32(A)(1) and 2923.02(A) with the Knox County, Case No. 24 CA 5 3

forfeiture specification. 1 The count was amended from a second-degree felony to a

third- degree felony. The state dismissed the remainder of the counts in the indictment.2

{¶6} A presentence investigation was ordered, and Langston was held without

bond pending sentencing. Journal Entry, May 25, 2023.

{¶7} A sentencing hearing was scheduled for June 29, 2023. The record

contains the following pleading:

NOTICE OF IMPOSITION OF SENTENCE

The above captioned case has been assigned for hearing for the

purpose of imposition of sentence on 6/29/2023 at 9:00 AM.

The Prosecutor’s Office shall provide all evidence and

documentation of any claim of restitution on behalf of any victims in the case

to the counsel for defendant no later than 7 days prior to the sentencing

hearing. The victim advocate shall assure the appearance of the victim at

the sentencing hearing for testimony. The parties and counsel shall be

prepared to proceed with an evidentiary hearing on restitution at the

sentencing hearing to be limited to economic loss as defined in R.C.

2929.01(L) and State v. Poff, 2021-Ohio-384.

s/ Brittany McNamara

Assignment Commissioner

Date Sent: May 25, 2023

COPIES TO:

1 The charges against him were contained in two separate cases. The appeal before us involves trial court case number 22CR08 0179. 2 The transcript of the plea hearing is not part of the appellate record. Knox County, Case No. 24 CA 5 4

Victim/Victim Representative (if any)

HITCHMAN, TERRY D.

MCCONVILLE, CHARLES T.

{¶8} On June 29, 2023, Langston returned to the trial court for sentencing.

{¶9} Because of temporary emergency court operations protocol for Covid-19

risks, pursuant to R.C. 2301.04, Langston appeared for the sentencing hearing via live

video transmission and audio recording from the Knox County Jail. Sentencing

Agreement Disclosure and Acknowledgment, June 30, 2023.

{¶10} Prior to sentencing, the trial court inquired of Langston whether he had an

opportunity to review the claims for restitution. Tr. Sentencing at 5. Langston’s counsel

indicated that he received the claims a couple of weeks ago. “I’ve not had an opportunity

to go over those in detail with Uriah. We, we think that we will be filing a request for a

Restitution Hearing.” Tr. Sentencing at 5.

[THE COURT] Okay. Three of them are on the case ending in 0179,

which is one of the cases we have this morning. Two of them are on cases,

the case ending in 0046, which is not one of the cases before us today, so

that’s the other reason why I asked. So do you want to proceed with

sentencing this morning and then we can set a Restitution Hearing at, at

another time? Tr. Sentencing at 5.

{¶11} Langston stated “Yes, sir” and the state agreed. Tr. Sentencing at 5.

{¶12} The state placed the restitution claims on the record:

. . . In the case ending in 0179, the restitution claims are to Aaron

Alfrey in the amount of $1,020.79, Logan Smith, $1,626, . . .The next one Knox County, Case No. 24 CA 5 5

is $1,626 to Logan Smith. The next one is Lucky Deals $800. The next

one is to Modern Builders $3,584.18. Last, the person is Justin Wengard,

. . . $2,469.95, that total then is $9,500.13. Tr. Sentencing at 7.

{¶13} Langston then stated that he did not dispute that there is restitution owed;

just the amounts. Tr. Sentencing at 8.

{¶14} Langston was sentenced to a definite term of imprisonment of 30 months

consecutive to the prison term ordered in Case No. 0241 and ordered to forfeit the Chevy

Silverado truck. Sentencing Tr. at 15, Sentencing Entry, June 30, 2023. The sentencing

entry contains no mention of restitution, no continuance of the sentencing hearing for

purposes of setting restitution and no continuing jurisdiction for purposes of restitution.

{¶15} The sentencing entry was signed by the judge and journalized by the clerk

of courts on June 30, 2023. No appeal was taken from the sentencing entry.

{¶16} A restitution hearing was scheduled for September 21, 2023.

{¶17} On September 11, 2023, Langston filed a motion for return of evidence –

a 2015 Haulmark enclosed trailer allegedly purchased from a Ben Conaway in

December, 2021.

{¶18} On November 30, 2023 and on February 1, 2024, the issue of restitution

and Langston’s motion for return of trailer came on for evidentiary hearing.

{¶19} The hearing began with Langston’s counsel’s admission that he requested

a restitution hearing but that he also wanted to address the Haulmark trailer. Tr.

Restitution at 13-14.

{¶20} The state presented testimony from the detectives investigating the thefts

and the victims of Langston’s thefts. Knox County, Case No. 24 CA 5 6

{¶21} As to the return of the Haulmark trailer to Langston, Detective Minot

testified that it was stolen from Newark, Ohio, attempts were made to remove the

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2024 Ohio 5727 (Ohio Court of Appeals, 2024)
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2024 Ohio 5726 (Ohio Court of Appeals, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
2024 Ohio 5069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-langston-ohioctapp-2024.