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CRIMINAL DIVISION
STATE OF OHIO : Case No. 20
011-CR-3364
Plaintiff, :
Judge Gregory F. Singer
vs.
ERIC D. CHASE : MOTION TO REVOKE APPEAL BOND
Defendant.
Now comes the State of Ohio, by and through the Office of the Prosecuting Attorney for
Montgomery County, and hereby respectfully requests that this Court revoke Defendant’s appeal
bond and order that he immediately appear before this Court to begin execution of his sentence.
In support of this request, the State submits the following Memorandum.
Respectfully submitted,
MATHIAS H. HECK, JR.
PROSECUTING ATTORNEY
By:
REW T. FRENCH, Reg. No. 0069384
Assistant Prosecuting Attorney
Montgomery County Prosecutor’s Office
P.O. Box 972
301 West Third Street
Dayton, Ohio 45422
(937) 225-5757Memorandum
On July 16, 2012, following his conviction in both cases, Defendant Eric Chase was
sentenced by this Court to 18 months in prison. This Court allowed Chase to remain free on
bond pending appeal, but conditioned his appeal bond on the requirement that he prosecute his
appeals without delay. (See September 12, 2012 Entry and Order, attached) Chase has not done
So.
Pursuant to App.R. 19(A), Chase was required to have the record on appeal filed with the
Second District Court of Appeals by September 24, 2012. As of the date of the filing of this
motion, the record on appeal has not been filed. A motion to dismiss the appeal, due to Chase’s
failure to comply with the Rules of Appellate Procedure, is currently pending. Consequently,
because Chase clearly has not prosecuted his appeal without delay, thus violating the conditions
set down by this Court, his appeal bond should be revoked.
WHEREFORE, the State of Ohio respectfully requests that Defendant Eric Chase’s
appeal bond be revoked, and that he be ordered to immediately appear before this Court to begin
execution of his sentence.
Respectfully submitted,
MATHIAS H. HECK, JR.
PROSECUTING ATTORNEY
By:
ANDREW T. FRENCH, Reg. No. 0069384
Assistant Prosecuting AttorneyCertificate of Service
I hereby certify that a copy of the foregoing was served via first class mail, postage pre-
paid, upon counsel for Defendant: Elizabeth C. Scott, 120 West Second Street, Suite 703,
Dayton, OH 45402, on October 3 ,» 2012.
é
Andrew ¢ French, Reg. No. Ze
Assistant Prosecuting AttorneyFILED
COURT OF COMMON PLEAS
2OI2ZSEP 12 AM 8:33
GREGORY A. BRUSH
CLERK OF COURTS
MONTGOMERY CO. OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
CRIMINAL DIVISION
STATE OF OHIO CASE NOS. 2010 CR 3257
2OiiiaOR3364_
Plaintiff,
JUDGE GREGORY F. SINGER
VS.
ERIC D. CHASE ENTRY AND ORDER
Defendant.
Having considered the State of Ohio's Motion to Add Conditions of Bail, filed on
August 17, 2012, the Court finds the motion to be well taken pursuant to O.R.C.
2953.09(A)(2)(a) and orders the following conditions of bail for Eric D. Chase: bail is
conditioned upon Chase's prosecuting his appeal without delay, and upon his abiding by
the judgment and sentence of the Court.
APPROVED:
. SINGER
Assistant Prosecuting Attorney: NOLAN THOMAS, #0078255
Defense Attorney: Elizabeth C. Scott, 120 W. Second St, Ste. 703, Dayton, Ohio 45402
Montgomery County Sheriff's Office, Attn: Jail Records
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CRIMINAL DIVISION STATE OF OHIO : Case No. 20 011-CR-3364 Plaintiff, : Judge Gregory F. Singer vs. ERIC D. CHASE : MOTION TO REVOKE APPEAL BOND Defendant. Now comes the State of Ohio, by and through the Office of the Prosecuting Attorney for Montgomery County, and hereby respectfully requests that this Court revoke Defendant’s appeal bond and order that he immediately appear before this Court to begin execution of his sentence. In support of this request, the State submits the following Memorandum. Respectfully submitted, MATHIAS H. HECK, JR. PROSECUTING ATTORNEY By: REW T. FRENCH, Reg. No. 0069384 Assistant Prosecuting Attorney Montgomery County Prosecutor’s Office P.O. Box 972 301 West Third Street Dayton, Ohio 45422 (937) 225-5757Memorandum On July 16, 2012, following his conviction in both cases, Defendant Eric Chase was sentenced by this Court to 18 months in prison. This Court allowed Chase to remain free on bond pending appeal, but conditioned his appeal bond on the requirement that he prosecute his appeals without delay. (See September 12, 2012 Entry and Order, attached) Chase has not done So. Pursuant to App.R. 19(A), Chase was required to have the record on appeal filed with the Second District Court of Appeals by September 24, 2012. As of the date of the filing of this motion, the record on appeal has not been filed. A motion to dismiss the appeal, due to Chase’s failure to comply with the Rules of Appellate Procedure, is currently pending. Consequently, because Chase clearly has not prosecuted his appeal without delay, thus violating the conditions set down by this Court, his appeal bond should be revoked. WHEREFORE, the State of Ohio respectfully requests that Defendant Eric Chase’s appeal bond be revoked, and that he be ordered to immediately appear before this Court to begin execution of his sentence. Respectfully submitted, MATHIAS H. HECK, JR. PROSECUTING ATTORNEY By: ANDREW T. FRENCH, Reg. No. 0069384 Assistant Prosecuting AttorneyCertificate of Service I hereby certify that a copy of the foregoing was served via first class mail, postage pre- paid, upon counsel for Defendant: Elizabeth C. Scott, 120 West Second Street, Suite 703, Dayton, OH 45402, on October 3 ,» 2012. é Andrew ¢ French, Reg. No. Ze Assistant Prosecuting AttorneyFILED COURT OF COMMON PLEAS 2OI2ZSEP 12 AM 8:33 GREGORY A. BRUSH CLERK OF COURTS MONTGOMERY CO. OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CRIMINAL DIVISION STATE OF OHIO CASE NOS. 2010 CR 3257 2OiiiaOR3364_ Plaintiff, JUDGE GREGORY F. SINGER VS. ERIC D. CHASE ENTRY AND ORDER Defendant. Having considered the State of Ohio's Motion to Add Conditions of Bail, filed on August 17, 2012, the Court finds the motion to be well taken pursuant to O.R.C. 2953.09(A)(2)(a) and orders the following conditions of bail for Eric D. Chase: bail is conditioned upon Chase's prosecuting his appeal without delay, and upon his abiding by the judgment and sentence of the Court. APPROVED: . SINGER Assistant Prosecuting Attorney: NOLAN THOMAS, #0078255 Defense Attorney: Elizabeth C. Scott, 120 W. Second St, Ste. 703, Dayton, Ohio 45402 Montgomery County Sheriff's Office, Attn: Jail Records