State v. Wojciechowski

2025 Ohio 5673
CourtOhio Court of Appeals
DecidedDecember 19, 2025
DocketWD-25-010
StatusPublished

This text of 2025 Ohio 5673 (State v. Wojciechowski) 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. Wojciechowski, 2025 Ohio 5673 (Ohio Ct. App. 2025).

Opinion

[Cite as State v. Wojciechowski, 2025-Ohio-5673.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT WOOD COUNTY

State of Ohio Court of Appeals No. WD-25-010

Appellee Trial Court No. 2020CR0292

v.

Edward J. Wojciechowski DECISION AND JUDGMENT

Appellant Decided: December 19, 2025

***** Paul A. Dobson, Esq., Wood County Prosecutor, and Pamela A. Gross, Esq., Chief Assistant Prosecuting Attorney, for appellee.

Anthony J. Richardson, II, Esq., for appellant.

*****

DUHART, J.

{¶ 1} Appellant, Edward J. Wojciechowski, appeals from a judgment entered by

the Wood County Court of Common Pleas imposing consecutive 10-month prison sentences following revocation of his community control sanctions. For the reasons that

follow, the trial court’s judgment is affirmed.

Statement of the Case and of the Facts

{¶ 2} On July 23, 2020, appellant was charged in a four count indictment with

two counts of possession of a fentanyl-related compound, in violation of R.C. 2925.11

(A) and (C)(1)(a), both felonies of the fifth degree, and two counts of illegal use or

possession of drug paraphernalia, in violation of R.C. 2925.14(C)(1) and (F)(1), both

misdemeanors of the fourth degree.

{¶ 3} On May 3, 2021, appellant pleaded guilty to both charges of possession of a

fentanyl-related compound, and the State dismissed the misdemeanor charges. The trial

court explained to appellant that each charge of possession of a fentanyl-related

compound carries, among other things, up to 12 months in prison. The trial court further

advised that if appellant were sentenced to prison, he could be ordered to serve those

charges consecutively, for an aggregate sentence of two years in prison.

{¶ 4} Regarding the facts underlying the plea, the State stated the following:

Your Honor, had the case proceeded to trial, the State would have brought in Trooper Hoffman, as well as the crime lab, that would have testified that Trooper Hoffman observed the defendant failed to stop at a stop sign on 582 exit ramp in Wood County, Ohio. The defendant was observed to be impaired. A probable cause search of the vehicle was conducted where paraphernalia and needles were discovered under the passenger seat. The defendant stated, quote, If it is in my car, it must be mine, end quote. Items: Foil bundle and one syringe tested positive for fentanyl. And this occurred on the said date in Wood County, Ohio.

2. Defense counsel confirmed that there was sufficient evidence to support convictions for

the counts to which appellant was pleading. The court determined that appellant was

eligible for intervention in lieu of conviction, stayed all criminal matters in the case, and

ordered two years of supervision along with conditions of intervention. Those conditions

included that appellant would abstain from the use of all illegal substances and alcohol

and that he would submit to random testing for both drugs and alcohol. At the end of the

hearing, the trial court admonished appellant as follows:

THE COURT: Do you understand what happens if you’re successful with intervention? You’ve been on intervention before.

THE DEFENDANT: Yes, I have.

THE COURT: So you understand that after two years if you’ve completed the conditions, that the matter is going to be dismissed against you.

THE DEFENDANT: I do understand.

THE COURT: That’s the privilege that you are given. You understand what happens if there’s a violation?

THE COURT: All right. You’re going to be brought back into court. There will be a hearing. And the Court could revoke intervention in lieu and then find you guilty of these two felonies. I know you’re familiar with the process. I’m sure [defense counsel] has gone over that again with you. But it is a privilege to be on intervention.

{¶ 5} On October 17, 2022, the trial court held a hearing on an alleged violation

of the conditions of appellant’s intervention plan. The violation was stated to have

occurred on October 11, 2022, when appellant, having appeared for a scheduled office

3. appointment, submitted to a urinalysis for a drug screen that yielded a positive result for

cocaine. According to the State, appellant also admitted to using crack cocaine on or

about October 9th. Following the State’s presentation, appellant admitted to the violation

and waived a hearing on the matter. The trial court revoked appellant’s intervention,

stating:

Okay. Then as [defense counsel] has indicated, it is a privilege to be on intervention in lieu of conviction. You did – and you were granted that privilege because of your record, that it was very minor. You were given that opportunity. And as your attorney has indicated and that you’re well aware, that privilege can be revoked with any slip-up.

So with that, the Court does find, given the allegation that you have violated the conditions of your intervention in lieu, I do lift the stay on the proceedings. I revoke your right to intervention in lieu. And I find you guilty of counts 1 and 2, possession of fentanyl-related compound, both felonies in the fifth degree.

{¶ 6} Sentencing took place on December 12, 2022. The court noted that a PSI

report had been prepared. The PSI revealed, in addition to several traffic offenses, a few

notable charges and convictions. In 2016, appellant was charged with illegal processing

of drug documents and Medicaid fraud. Those charges were dismissed upon appellant’s

successfully completing a one-year term of intervention in lieu of conviction supervision.

In 2019, appellant was convicted of obstructing official business. He was placed on

probation for that offense and ordered, as part of his sentence, to participate in

drug/alcohol treatment. Finally, in 2019, appellant was convicted of OVI, in connection

with the traffic stop that gave rise to the instant offenses. In sentencing appellant for the

two counts of possession of a fentanyl-related compound, the trial court stated:

4. There are no factors that suggest your conduct was any more serious. The Court notes that you did not cause or expect to cause any physical harm to any persons or property in committing this crime. There are a couple of factors that indicate that recidivism is more likely, and that is that you do have a history of criminal convictions. You’ve not responded favorably to sanctions previously imposed for those convictions. And the Court does note that you were not adjudicated a delinquent child.

With that, the trial court sentenced appellant to a two-year period of community control.

Among the imposed conditions of community control was that appellant would be subject

to random drug and alcohol screens and was not to ingest any illegal substances, any

substance containing THC, or alcohol. The trial court instructed appellant that if he

violated the terms of his community control, the court could extend the period of

supervision up to five years, could impose a more restrictive sanction, including jail time

or a financial sanction, or could impose a prison term of 12 months in prison on each

count. The trial court further instructed that any prison terms imposed could be ordered to

be served consecutively, for a total of 24 months in prison.

{¶ 7} On May 20, 2024, a hearing was held for an alleged community control

violation. The State represented that on April 16, 2024, appellant appeared for a drug

screen appointment with Wood County probation and submitted a sample that yielded a

positive result for cocaine and fentanyl.

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Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 5673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wojciechowski-ohioctapp-2025.