On April 04, 2018 a
Motion-Secondary
was filed
involving a dispute between
State Of Ohio,
and
Chase Matthew Younger,
for 02-APR-18
in the District Court of Montgomery County.
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ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Wednesday, July 31, 2019 10:04:01 AM
CASE NUMBER: 2018 CR 01316 Docket ID: 33665031
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CRIMINAL DIVISION
STATE OF OHIO : CASE NO. 2018 CR 1316
Plaintiff :
v. : Judge Richard S. Skelton
CHASE YOUNGER :
Defendant : State’s Amended Memorandum
Regarding Sentencing
:
Now comes the State of Ohio, by and through the Prosecuting Attorney of Montgomery County,
and hereby submits the State’s Memorandum Regarding Sentencing. Because the State has previously
filed a lengthy memorandum that included the facts associated with this case and the charges, and has
previously submitted police reports, recorded interviews, and exhibits for the Court’s review with
regard to sentencing, this memorandum will be restricted to the sentences requested for each count.
The State further amends previous arguments regarding mandatory minimums and requests sentencing
as follows:
1) Felonious Assault (DW – Police Officer) :F1
+ 3y Firearm Spec + 5y Firearm/M.V. Spec
• CW: Ofc. Denlinger
SENTENCE: 7YRS1 + 5YRS + 3YRS = 15YRS
2) Felonious Assault (DW – Police Officer) :F1 Ct.2 does not merge
+ 1y Firearm Spec + 5y Firearm/ M.V. Spec 5 year specs Merge
1 year spec does not merge,
• CW: Ofc. Carter but can run concurrent
SENTENCE: 11YRS + 1YRS = 12YRS (concurrent)
1 In previous filings, the State conceded that a sentence on the underlying felony was not required. However, the State now withdraws that conciliation, and
submits that while other counts within the indictment may be available for CCS, a count cannot itself carry a split sentence. Where a mandatory firearm
specification is attached, a sentence must be imposed on the underlying felony for that firearm specification to run consecutive to, as articulated in the
sentencing provisions.
1 of 3
2018-CR-1316
Ct.3 does not merge
3) Discharge of Firearm over public road :F3 3 year spec does not
+ 3y Firearm Spec merge, but can run
concurrent
SENTENCE: 12MOS + 3YRS = 4YRS (concurrent to all)
4) Failure to Comply (Risk SPH) :F3 Ct.4 does not merge,
SENTENCE: 24mos (consecutive) must run consecutive
5) Escape (F1) :F2 Ct.5 does not merge,
SENTENCE: 2YRS (consecutive) must run consecutive
CONCLUSION
Aggregate Sentence : 19 years
Respectfully submitted,
MATHIAS H. HECK, JR.
PROSECUTING ATTORNEY
By: /s/ KELLY D. MADZEY
KELLY D. MADZEY, 0079994E
Assistant Prosecuting Attorney
301 West Third Street
P.O. Box 972
Dayton, OH 45422
(937) 225-5757
2 of 3
2018-CR-1316
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on JULY 31, 2019, I electronically filed the
foregoing State’s Memorandum, with the Clerk of Court using the Electronic Criminal Filing
System, which will send notification of such filing to the following: KARL KORDALIS, Attorney
for Defendant.
By: /s/ Kelly D. Madzey
KELLY D. MADZEY, #0079994E
Assistant Prosecuting Attorney
3 of 3
2018-CR-1316
Document Filed Date
July 31, 2019
Case Filing Date
April 04, 2018
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ELECTRONICALLY FILED COURT OF COMMON PLEAS Wednesday, July 31, 2019 10:04:01 AM CASE NUMBER: 2018 CR 01316 Docket ID: 33665031 MIKE FOLEY CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CRIMINAL DIVISION STATE OF OHIO : CASE NO. 2018 CR 1316 Plaintiff : v. : Judge Richard S. Skelton CHASE YOUNGER : Defendant : State’s Amended Memorandum Regarding Sentencing : Now comes the State of Ohio, by and through the Prosecuting Attorney of Montgomery County, and hereby submits the State’s Memorandum Regarding Sentencing. Because the State has previously filed a lengthy memorandum that included the facts associated with this case and the charges, and has previously submitted police reports, recorded interviews, and exhibits for the Court’s review with regard to sentencing, this memorandum will be restricted to the sentences requested for each count. The State further amends previous arguments regarding mandatory minimums and requests sentencing as follows: 1) Felonious Assault (DW – Police Officer) :F1 + 3y Firearm Spec + 5y Firearm/M.V. Spec • CW: Ofc. Denlinger SENTENCE: 7YRS1 + 5YRS + 3YRS = 15YRS 2) Felonious Assault (DW – Police Officer) :F1 Ct.2 does not merge + 1y Firearm Spec + 5y Firearm/ M.V. Spec 5 year specs Merge 1 year spec does not merge, • CW: Ofc. Carter but can run concurrent SENTENCE: 11YRS + 1YRS = 12YRS (concurrent) 1 In previous filings, the State conceded that a sentence on the underlying felony was not required. However, the State now withdraws that conciliation, and submits that while other counts within the indictment may be available for CCS, a count cannot itself carry a split sentence. Where a mandatory firearm specification is attached, a sentence must be imposed on the underlying felony for that firearm specification to run consecutive to, as articulated in the sentencing provisions. 1 of 3 2018-CR-1316 Ct.3 does not merge 3) Discharge of Firearm over public road :F3 3 year spec does not + 3y Firearm Spec merge, but can run concurrent SENTENCE: 12MOS + 3YRS = 4YRS (concurrent to all) 4) Failure to Comply (Risk SPH) :F3 Ct.4 does not merge, SENTENCE: 24mos (consecutive) must run consecutive 5) Escape (F1) :F2 Ct.5 does not merge, SENTENCE: 2YRS (consecutive) must run consecutive CONCLUSION Aggregate Sentence : 19 years Respectfully submitted, MATHIAS H. HECK, JR. PROSECUTING ATTORNEY By: /s/ KELLY D. MADZEY KELLY D. MADZEY, 0079994E Assistant Prosecuting Attorney 301 West Third Street P.O. Box 972 Dayton, OH 45422 (937) 225-5757 2 of 3 2018-CR-1316 CERTIFICATE OF SERVICE The undersigned hereby certifies that on JULY 31, 2019, I electronically filed the foregoing State’s Memorandum, with the Clerk of Court using the Electronic Criminal Filing System, which will send notification of such filing to the following: KARL KORDALIS, Attorney for Defendant. By: /s/ Kelly D. Madzey KELLY D. MADZEY, #0079994E Assistant Prosecuting Attorney 3 of 3 2018-CR-1316