State v. Heffner

1

2023-Ohio-1881

STATE OF OHIO Plaintiff-Appellee v. CHASE HEFFNER Defendant-Appellant

Nos. 2022 CA 00068, 2022 CA 00069

Court of Appeals of Ohio, Fifth District

June 5, 2023

Appeal from the Licking County Municipal Court, Case Nos 22-CRB-01043 &22-CRB-01044

For Plaintiff-Appellee: J. MICHAEL KING ASSISTANT LAW DIRECTOR CITY OF NEWARK.

For Defendant-Appellant: ANDREW T. SANDERSON BURKETT &amp SANDERSON, INC.

Hon W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Patricia A. Delaney, J.

OPINION

Delaney, J.

{¶1} Defendant-Appellant Chase Heffner appeals the August 2, 2022 judgment entries of conviction in Case Nos. 22-CRB-01044 and 22-CRB-01043 by the Licking County Municipal Court. Plaintiff-Appellee is the State of Ohio.

FACTS AND PROCEDURAL HISTORY

Civil Stalking Protection Orders

{¶2} On July 5, 2022, the Licking County Court of Common Pleas issued an Ex Parte Civil Stalking Protection Order against Defendant-Appellant Chase Heffner in Case No. 2022 CV 00705. The ex parte CPO listed C.R. and her two minor children as protected persons under the CPO, which was effective from July 5, 2022 to July 5, 2023. Heffner was served with the ex parte CPO on July 6, 2022. The full hearing on the ex parte CPO was scheduled for July 13, 2022.

{¶3} On July 6, 2022, the Licking County Court of Common Pleas issued an Ex Parte Civil Stalking Protection Order against Heffner in Case No. 2022 CV 00715. The ex parte CPO listed G.K. and D.K. as protected persons under the CPO, which was effective from July 6, 2022 to July 6, 2023. Heffner was served with the ex parte CPO on July 6, 2022. The full hearing on the ex parte CPO was scheduled for July 13, 2022.

{¶4} On July 6, 2022, the Licking County Court of Common Pleas issued an Ex Parte Domestic Violence Civil Protection order against Heffner in Case No. 22 DR 0640. The ex parte domestic CPO listed B.H. as the protected person under the CPO, which was effective from July 6, 2022 to July 6, 2023. Heffner was served with the CPO on July 6, 2022. It was scheduled for a full hearing on July 15, 2022.

Alleged Violations of the CPO

{¶5} During the night on July 9, 2022, G.K. heard someone knocking on the door to his apartment. He went downstairs and saw Heffner's silhouette in the window. He did not answer the door because he had the CPO against Heffner. G.K. could see Heffner's car with the headlights on in the parking lot of the apartment complex. G.K. told his wife, D.K. to stay upstairs and call the police. G.K. saw Heffner get into his car and drive away. D.K. called the City of Newark Police Department, who reported to the scene and took their statements.

{¶6} On July 9, 2022, C.R., who resided in the same apartment complex as G.K. and D.K., heard Heffner's car pull into the parking lot of the apartment complex. C.R. remembered the sound of Heffner's car from the previous day. She stepped outside her apartment and saw Heffner standing out in the grass between her apartment and her neighbor's apartment, which was within 500 feet of her. C.R. went back inside her apartment and when she looked back, the police had arrived. She gave the police a statement.

{¶7} The Newark Police Department was dispatched to B.H.'s home on July 10, 2022 in reference to a CPO violation. Heffner is B.H.'s grandson. She stated on July 10, 2022, she heard a knock on her apartment door and when she answered, Heffner was standing at her door. B.H. shut the door and told her friends to call the police. The police interviewed witnesses who stated they saw Heffner and spoke with him.

{¶8} The police located Heffner and arrested him. In Case No. 22-CRB-01044, Heffner was charged with two counts of violating a protection order (G.K. and C.R.), a first-degree misdemeanor in violation of R.C. 2919.27. In Case No. 22-CRB-01043, Heffner was charged with one count of violating a protection order (B.H.), a first-degree misdemeanor in violation of R.C. 2919.27.

{¶9} Heffner entered pleas of not guilty at the arraignment. He was notified of his right to appointed counsel. (T. 7). Heffner was placed in the Licking County Justice Center in lieu of bond.

{¶10} Case Nos. 22-CRB-01043 and 22-CRB-01044 were set for trial on August 2, 2022. The cases were not joined.

Bench Trial

{¶11} The two cases proceeded to a bench trial on August 2, 2022. Prior to the start of the trial, the trial court reviewed Heffner's choice to proceed without the assistance of counsel. (T. 5-8). During his questioning, the trial court expressed concern that Heffner could not understand the proceedings and was not capable of assisting counsel or himself in presenting a defense. (T. 8). Heffner stated he received mental health counseling in the past and he was taking prescribed mental health medication, which he was regularly taking while in jail. (T. 9). The trial court then told Heffner that one of three things was going to happen that day: they were going to have a trial, Heffner was going to ask for a continuance so the court could appoint counsel, or the court was going to order a psychological evaluation to verify Heffner's competency to stand trial. (T. 9). Heffner responded, "no, we can have a trial." (T. 10). The trial court asked Heffner if it was his intention to waive his right to an attorney, to which Heffner responded in the affirmative. The trial court read the waiver of attorney form to Heffner, to which Heffner again responded it was his intention to give up his right to a lawyer. (T. 10, 11). Heffner signed the attorney waiver form filed on August 2, 2022.

{¶12} The bench trial proceeded. The first witnesses called by the State were the Licking County Deputy Clerk of Courts and Officer Dan Young, establishing the ex parte CPOs issued by the Licking County Court of Common Pleas in Case Nos. 2022 CV 00705, 2022 CV 00715, and 22 DR 0640 were served by Officer Young to Heffner on July 6, 2022. (T. 12-24, 60, 62).

{¶13} G.K. testified to his experiences on July 9, 2022, when Heffner knocked on his apartment window while G.K. was in the apartment with D.K. (T. 33). G.K. recognized Heffner and his car parked in the parking lot. (T. 36-37). B.H. testified that Heffner came to her apartment on July 10, 2022. (T. 49). R.S. testified that he witnessed Heffner at B.H.'s apartment on July 10, 2022. (T. 56). On July 9, 2022, C.R. testified that she saw Heffner standing in the grass between her neighbor's apartment and her apartment, which was within 500 feet of her. (T. 67).

{¶14} The State rested its case. Heffner chose to call D.K. as a defense witness. (T. 77). He then testified on his own behalf. (T. 83). Heffner testified that he did not violate the ex parte CPO orders because he was never served with the orders until he was in jail after being arrested for violating the orders. (T. 88). He was previously unaware of the orders. The only protection order he was aware of was the one involving B.H. (T. 93). He stated that he was handed the orders and then he threw them away because he did not understand he needed them. (T. 88).

{¶15} On rebuttal, the State called Officer Scott Thomas who testified that when he placed Heffner in custody, Heffner told him that he had been served with the CPO orders. (T. 100). Heffner said he did not understand why he could not go to G.K. or C.R.'s homes or be within the 500 feet window. (T. 100). Officer Thomas said Heffner told him that he threw the orders away. (T. 100).

{¶16} At the conclusion of the evidence, the trial court first found Heffner guilty in Case No. 22-CRB-01043 as to violating the ex parte domestic violence CPO protecting B.H. The trial court determined that Heffner admitted that he had been served a copy of the CPO and he contacted B.H. after he was served with the order. (T. 106). Second, as to Case No. 22-CRB-01044, the trial court found the testimony of the Deputy Clerk and Officer Young to be credible that the ex parte CPOs were issued, filed with the court, and served upon Heffner on July 6, 2022. (T. 106). The trial court further found G.K. and C.R.'s testimony credible that Heffner had improper contact with them on July 9, 2022. (T. 107).

Sentencing

{¶17} The trial court filed its judgment entry of conviction on August 2, 2022. In Case No. 22-CRB-01044, the trial court sentenced Heffner to serve 60 days in the Licking County Justice Center, with 30 days suspended. The sentences were ordered to be served consecutively to each other and consecutively to the sentence imposed in Case No. 22-CRB-01043, which was 60 days in the Licking County Justice Center and 30 days suspended. He was placed on probation for one year. Terms and conditions of probation included that he undergo both substance abuse and mental health assessments and comply with any recommendations for further counseling. He was also ordered to abide by the CPO at issue in the case.

{¶18} Heffner filed his notice of appeal on August 30, 2022. He also filed a motion to stay the execution of the sentence pending appeal. After an oral hearing, the trial court denied the motion to stay the execution of the sentence on September 15, 2022.

ASSIGNMENTS OF ERROR

{¶19} Heffner raises three Assignments of Error: I. THE DEFENDANT-APPELLANT WAS DENIED THE EFFECTIVE ASSISTANCE OF TRIAL COUNSEL HEREIN. [TR. AT 10.]

II. THE TRIAL COURT COMMITTED HARMFUL ERROR IN IMPROPERLY JOINING THE PROCEEDINGS BELOW. [TR. AT 5, 106-107.]

III. THE TRIAL COURT COMMITTED HARMFUL ERROR IN FAILING TO QUESTION THE COMPETENCY OF THE DEFENDANT-APPELLANT DURING THE PROCEEDINGS BELOW. [TR. AT 8, 9, 84-87, 91-92, 109, 110-111.]

ANALYSIS

I. and III.

{¶20} We consider Heffner's first and third Assignments of Error together because they are somewhat related. Heffner contends there was a question of his competency to stand...