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State v. Short

2026-08-10

Authorities cited

Opinion

majority opinion

[Cite as State v. Short, 2026-Ohio-3063.]

IN THE COURT OF APPEALS OF OHIO

THIRD APPELLATE DISTRICT

PAULDING COUNTY

STATE OF OHIO,

CASE NO. 11-25-12

PLAINTIFF-APPELLEE,

v.

OPINION AND

SHELBY LEE BLAKE SHORT,

JUDGMENT ENTRY

DEFENDANT-APPELLANT.

Appeal from Paulding County Municipal Court

Trial Court No. CRB2500113

Judgment Affirmed

Date of Decision: August 10, 2026

APPEARANCES:

Brian A. Smith for Appellant

Case No. 11-25-12

WALDICK, J.

{¶1} Defendant-appellant, Shelby Short (“Short”), brings this appeal from

the October 1, 2025 judgment of the Paulding County Municipal Court. For the

reasons that follow, we affirm.

Background

{¶2} Short was charged in the Paulding County Municipal Court with

Violating a Protection Order in violation of R.C. 2919.27(A)(2), a first degree

misdemeanor. It was alleged that he continued to contact a former girlfriend despite

a protection order being in place. Short pled not guilty to the charge.

{¶3} Prior to trial, Short, proceeding pro se, filed a pleading with the court

demanding a speedy trial, a jury trial, and demanding that his accuser be present at

trial.1 Short ultimately proceeded to a jury trial on August 26, 2025.

{¶4} At trial, the State presented evidence that Short had been in a

relationship for approximately six months with a woman named L.H. Eventually,

L.H. ended the relationship and told Short not to contact her. Nevertheless, Short

continued to contact L.H., so she sought and received a protection order. Short was

present for the full hearing on the protection order, and was aware of its contents.

1

The pleading also stated: “I also plea with the Court to get right with God. My God will Judge you. When you are in service to his people it is your duty to be right with him. You don’t get to argue with him on Judgment Day. You are out of your mind if you think that day is not coming for everyone. Christo Rey!”

-2-Case No. 11-25-12

{¶5} Despite the protection order being in place, Short continued to contact

L.H., including contacting her family members. After receiving some concerning

messages from Short on June 9, 2025, L.H. went to the police with the messages

and Short was ultimately charged with the instant offense. The jury found Short

guilty as charged.

{¶6} On October 1, 2025, Short was sentenced to serve 180 days in jail, with

135 of those days suspended. Short was also placed on community control for two

years, ordered to pay a fine and court costs, and ordered to complete 20 hours of

community service. A judgment entry memorializing his sentence was filed that

same day. It is from this judgment that Short appeals, asserting the following

assignments of error for our review.

First Assignment of Error

Because the trial court did not make a sufficient inquiry into

Appellant’s waiver of counsel, Appellant’s waiver of counsel was

not knowingly, voluntarily, or intelligently made, and the trial

court erred in granting Appellant’s request to represent himself

at trial, in violation of Appellant’s right to counsel under the Sixth

and Fourteenth Amendments to the United States Constitution

and Article I, Section 10 of the Ohio Constitution.

Second Assignment of Error

Because the jury lost its way and created a manifest miscarriage

of justice in convicting Appellant, Appellant’s conviction for

Violating a Protection Order was against the manifest weight of

the evidence.

-3-Case No. 11-25-12

Third Assignment of Error

Because the trial court acted in [an] arbitrary, unconscionable,

and unreasonable manner in sentencing Appellant, the trial

court’s sentence of Appellant constituted an abuse of discretion.

First Assignment of Error

{¶7} In his first assignment of error, Short argues that his waiver of counsel

was not made knowingly, voluntarily, and intelligently.

Relevant Authority

{¶8} The Sixth Amendment right to counsel extends to misdemeanor cases

that can result in the imposition of a jail sentence. State v. Wilson, 2018-Ohio-2805,

¶ 5 (3d Dist.). However, a criminal defendant has “an independent constitutional

right of self-representation and . . . may proceed to defend himself without counsel

when he voluntarily, and knowingly and intelligently elects to do so.” State v.

Gibson, 45 Ohio St.2d 366 (1976). These Sixth Amendment rights are embodied in

Crim.R. 44, which reads, in pertinent part, as follows:

(B) Counsel in petty offenses. Where a defendant charged with a petty

offense is unable to obtain counsel, the court may assign counsel to

represent the defendant. When a defendant charged with a petty

offense is unable to obtain counsel, no sentence of confinement may

be imposed upon the defendant, unless after being fully advised by

the court, the defendant knowingly, intelligently, and voluntarily

waives assignment of counsel.

(C) Waiver of counsel. Waiver of counsel shall be in open court and

the advice and waiver shall be recorded as provided in Rule 22. In

addition, in serious offense cases the waiver shall be in writing.

-4-Case No. 11-25-12

{¶9} Criminal Rule 44 makes it clear that the waiver of the right to counsel

“cannot be presumed from a silent record.” State v. Miyamoto, 2006-Ohio-1776, ¶

14 (3d Dist.). “In order to establish an effective waiver of right to counsel, the trial

court must make sufficient inquiry to determine whether the defendant fully

understands and intelligently relinquishes that right.” Gibson at paragraph two of

the syllabus. Importantly, however, in “petty offense” cases, like the case sub judice,

the waiver of counsel does not need to be in writing. See Crim.R. 2(C), (D); State v.

Boatwright, 2020-Ohio-5068, ¶ 12 (7th Dist.)

{¶10} Before a defendant can waive the right to counsel, the trial court must

be satisfied that the defendant made an intelligent and voluntary waiver of the right

knowing that he will have to represent himself. Id. at ¶ 10. Further, the court should

inform the defendant of the dangers inherent in self-representation.

{¶11} Finally, we note that the State generally bears the burden of

overcoming presumptions against a valid waiver. Wilson, supra, at ¶ 6. We conduct

a de novo review of whether a defendant knowingly, voluntarily, and intelligently

waived his right to counsel. State v. Beightler, 2019-Ohio-4522, ¶ 23 (3d Dist.).

Analysis

{¶12} In order to address whether Short made a knowing, voluntary, and

intelligent waiver of his right to counsel, we must review the dialogue between Short

-5-Case No. 11-25-12

and the trial court that occurred prior to trial. On the morning of trial, prior to voir

dire, the trial court addressed Short, and the following exchange occurred.

THE COURT: . . . And, Mr. Short, you’re representing yourself; is

that correct?

MR. SHORT: Yes.

THE COURT: All right. So several things we’re going to cover before

we start to bring the jury in for selection.

The charge against you, Mr. Short, is violating a protection

order.

[The court discusses the charge and potential penalties with Short at

length.]

Okay. There are many technical problems that you may encounter

today. You are held to the same standard as any attorney licensed to

practice law in the State of Ohio.

You must follow the rules of court and the Rules of Criminal

Procedure.

There are many risks involved in self-representation. It is never

recommended due to the many technical problems and complex rules

to be followed in a jury trial that you represent yourself.

Again, you are held to the same standard as any lawyer who

might appear in a similar manner representing a client. You must

become familiar with the Rules of Evidence, Rules of Criminal

Procedure, and the local rules. The court expects you to known and to

follow those rules.

Further, the court will not advised you about these matters and

you are expected to know and follow those rules without guidance

from the court.

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You must conduct yourself in a professional and respectful

manner to the court, to the State, and to all the witnesses at all times

in this case. You are advised if you do not conduct yourself in such a

manner, the court may revoke your right to self-representation or may

take further action as may be necessary.

Have you familiarized yourself with the Rules of Evidence,

Rules of Criminal Procedure, and local rules?

MR. SHORT: Slightly.

THE COURT: Slightly.

MR. SHORT: To the – to the best of my ability (inaudibles).

THE COURT: Okay. Do you still wish to continue representing

yourself with the information I’ve just provided to you?

MR. SHORT: Yeah. It’s still the best route, yes.

THE COURT: Okay. I also want to explain to you (inaudibles) in this

voir dire, the questioning of prospective jurors by a judge, the

attorneys, and in this case, by the defendant.

[Voir dire process explained including challenges for cause and

preemptory challenges]

Again, Mr. Short, I’m asking you, do you wish to consider

representing yourself knowing these other factors that are involved?

MR. SHORT: It’s most definitely the best route at this time.

THE COURT: I also want to discuss protocol in the court. [The court

provides instructions regarding objections and interactions with

jurors].

-7-Case No. 11-25-12

I’m going to ask you again. Do you still want to go forward

today representing yourself?

MR. SHORT: Yeah.

THE COURT: Okay.

MR. SHORT: God’s word is still with me.

THE COURT: So, finally, you do have the right to testify on your own

behalf if you wish. If you testify, you may do so in a story fashion.

You don’t have to ask yourself a question and answer the question.

But understand that the prosecutor may then cross examine

you. It’s a risky proposition for any criminal defendant to testify on

their own behalf. It is riskier without an attorney to guide you through

relevant questions. Cross examination opens up much information

that you may not wish the jury to hear.

Are you going forward with self-representation, sir?

MR. SHORT: Yes. You will not be able to persuade me otherwise.

THE COURT: Okay. Thank you.

All right. The court’s made a full inquiry of the defendant. The

court has answered questions that the defendant may have and

considered their responses.

I am finding that the court – that the defendant has knowingly,

intelligently, confidently, and voluntarily waived his right to counsel

and the court will permit you to represent yourself in this matter today.

(Tr. at 5-17).

{¶13} Short argues on appeal that the preceding dialogue was insufficient to

determine that his waiver of counsel was made knowingly, voluntarily, and

intelligently. Generally, for a waiver of counsel to be valid, the waiver “must be

-8-Case No. 11-25-12

made with an apprehension of the nature of the charges, the statutory offenses

included within them, the range of allowable punishments thereunder, possible

defenses to the charges and circumstances in mitigation thereof, and all other facts

essential to a broad understanding of the whole matter.” State v. Taylor, 2013-Ohio1300, ¶ 13 (3d Dist.). In addition, the defendant should be made aware of the dangers

and disadvantages of self-representation. Id.

{¶14} After reviewing the trial court’s dialogue with Short, the trial court

ensured Short was aware of the charge and possible penalties, directly discussing

those issues with Short. In addition, the trial court discussed a potential defense with

Short. The trial court also repeatedly discussed the potential problems with selfrepresentation with Short, and yet Short responded unequivocally that he could not

be persuaded to proceed otherwise. The trial court thus directly complied with the

requirements of e.g. Taylor, supra, in determining that Short’s waiver was knowing,

intelligent, and voluntary.

{¶15} Still, Short claims that there were deficiencies in the dialogue. For

example, he argues that the trial court did not advise him of his right not to testify.

However, the trial court directly discussed with Short his right to testify if he

“wish[ed]” and the trial court discussed reasons why a defendant might not want to

testify.

{¶16} Under these facts and circumstances, after a full review of the trial

court’s dialogue with Short, we do not find that the trial court erred by determining

-9-Case No. 11-25-12

that Short’s waiver of counsel was knowing, voluntary, and intelligent. Therefore,

Short’s first assignment of error is overruled.

Second Assignment of Error

{¶17} In his second assignment of error, Short argues that his conviction was

against the manifest weight of the evidence.

Standard of Review

{¶18} In determining whether a conviction is against the manifest weight of

the evidence, we must examine the entire record, weigh the evidence and all

reasonable inferences, consider the credibility of witnesses, and determine whether

in resolving conflicts in the evidence, the factfinder clearly lost its way and created

such a manifest miscarriage of justice that the convictions must be reversed and a

new trial ordered. State v. Thompkins, 78 Ohio St.3d 380, 387 (1997). When

applying the manifest weight standard, “[o]nly in exceptional cases, where the

evidence ‘weighs heavily against the conviction,’ should an appellate court overturn

the trial court’s judgment.” State v. Haller, 2012-Ohio-5233, ¶ 9 (3d Dist.), quoting

State v. Hunter, 2011-Ohio-6524, ¶ 119.

Controlling Statute

{¶19} Short was convicted of Violating a Protection order in violation of

R.C. 2919.27(A)(2), which reads:

-10-Case No. 11-25-12

(A) No person shall recklessly violate the terms of any of the

following:

(2) A protection order issued pursuant to section 2151.34, 2903.213,

or 2903.214 of the Revised Code[.]

Analysis

{¶20} L.H. met Short through a Christian-Catholic dating app in September

of 2023. As L.H. and Short lived an hour apart, they mostly conversed on the phone

or through text messages until they met in person in November of 2023.

{¶21} L.H. testified that she took some day trips with Short and that Short

met L.H.’s brother and sister. L.H. testified that the relationship lasted about six

months. L.H. testified that she ended the relationship through text message after

there were recurring issues. L.H. testified that she continued to have contact with

Short for a brief period after the relationship ended, but when Short began arguing

with her about the breakup she became frustrated.

{¶22} L.H. testified that on June 9, 2024, she affirmatively indicated to Short

that she was done with him and that she would have no more contact with him. She

indicated she did not want any contact whatsoever with Short. Nevertheless, Short

continued to contact L.H. even though she would not respond to him.

{¶23} At one point, Short acquired L.H.’s parents’ phone number and Short

contacted L.H.’s parents even though they had never met. Short actually asked

-11-Case No. 11-25-12

L.H.’s father to “put in a good word for him.” Short also sent packages to the address

of L.H.’s parents and to L.H.

{¶24} Although L.H. was not sending messages back to Short, he continued

to send her messages, and at one point he sent her a message stating that he was

“going to [L.H.’s] mom,” with no indication of what that meant, worrying L.H. In

addition, Short attempted to contact L.H. through other applications such as

Pinterest and Facebook.

{¶25} In November of 2024, L.H. contacted the Antwerp Police Department

because Short was continuing to contact her. The Antwerp Police Department

contacted Short and told him to stop contacting L.H. However, in January of 2025,

L.H. saw Short’s truck near L.H.’s church. Short lived approximately 90 minutes

from the church according to L.H., and Short was not a member of that church. Short

had not attended the church with L.H. at any point.

{¶26} After the incident of Short showing up at L.H.’s church, L.H. sought

a protection order in the Paulding County Common Pleas Court. She was granted

an initial ex parte order, then after full hearing was held wherein Short was present,

the protection order was granted. The protection order was issued February 7, 2025

and was effective until February 6, 2028. The protection order contained numerous

provisions, including the following:

[Checked box] 7. RESPONDENT SHALL NOT INITIATE OR

HAVE ANY CONTACT with the protected persons named in this

-12-Case No. 11-25-12

Order or their residences, businesses, places of employment, schools,

day care centers, or child care providers. Contact includes, but is not

limited to, landline, cordless, cellular or digital telephone; text; instant

messaging; fax; e-mail; voicemail; delivery service; social media;

blogging; writings; electronic communications; posting a message; or

communications by any other means directly or through another

person.

(Ex. A).

{¶27} Despite the protection order being in place, and despite Short being

aware of the order, he contacted L.H. multiple times on June 9, 2025, exactly one

year after the last time L.H. had messaged Short. Short sent L.H. the following

message:

[L.H.] it’s the day after Pentecost. You don’t have to pretend to be

scared of me. If you really were then remember the earthquake. I

belong to Christ. The only threat I am is to Satan. I’m confused God

doesn’t tell me everything esp like the house situation. I don’t want to

miss it if you need some reassurance before the day is over or if you

are really done. You changed the one pic I told you about with the

other one I mentioned to with the paths. I love you [L.H.]. It’s okay if

you don’t feel the same. Can you just let me know today without

police involvement but if you want I can go to jail for this text. I have

to start moving on tomorrow if you don’t love me by now. Can you

just give me a courtesy call or text to let me know gently.

(Ex. D).

{¶28} A couple of hours later, Short added another message that stated “Can

you at least change photo to spare me 4 more hours of pain?” (Id.)

{¶29} Although L.H. had “blocked” Short’s number, she could still see the

messages he was sending her. But when L.H. did not respond to Short’s messages,

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another unknown phone number sent messages to L.H. stating the same things Short

had sent her in the other messages. However, the second message contained some

additional language that L.H. found disturbing.

Can you at least change fb photo to save me 4 more hours of pain and

maybe coming to your house and you maybe shooting me (an innocent

man that only loved to[o] much and held onto signs that idk why you

left up if you don’t love me) I’m a protector and provider no matter

what you say. What is the revenge for.2 Souls in purgatory have

already benefit [sic]

(Ex. F). L.H. was scared by the mention of “shooting” in the message so she

contacted the Antwerp police again.

{¶30} Short was charged with violating the terms of the protection order for

the messages he sent to L.H. on June 9, 2025. Importantly, while his case was

pending, Short filed multiple letters/pleadings in the protection order case. The first

letter reads as follows:

I plea with the court to urgently hear my prayers in dismissing

my case allowing the restrictions of my firearms to be reinstated. I

affirm everything I’m saying is true. Some of it may do me no favors

unless you know my overall objective, that is to help as many as

possible to avoid the loss of heaven & time is of the essence. Matthew

7:22-23 exemplifies how many lukewarm and non-believers will not

see heaven. I would also like to remind the court that Gods ways are

not mans way. What may seem awkward to us may not be to him.

[L.H.] and I did have a conversation about her planning to leave the

2

Based on Short’s statements at the trial, it appears that Short was viewing L.H.’s profile picture on Facebook, and the profile picture was of some area in nature where Short and L.H. had visited together. Short believed that L.H. was sending him a “sign” or “message” by using a photograph that was taken during a time they were together. L.H. testified that she changed the profile picture to one of nature rather than a picture with her in it because she did not want Short to be able to see her photograph on Facebook.

-14-Case No. 11-25-12

relationship. God asked me to ask her I hadn’t seen it coming and was

surprised to learn. He gave me options on ways to save the

relationship. It did accumulate to the waiting of a year which is up.

The very last day would be a year from the last day she texted back,

June 9. (getting the court involved while necessary was also parts [sic]

of Gods plan to help a court official. The irreversible hasn’t been done

so that is good. I did tell [L.H.] about other signs so that she knew I

was honest. The 3.0 earthquake 3 days before the Solemnity of Mary

a mile south of Hicksville and about the delay of the Saint Judge Relic

were two things even I had trouble believing happened.

I held on to signs of what I believe [L.H.] kept up on purpose

to show that there was still hope for us to work. Things we discussed

privately. I believe my over zelous [sic] pursuit of God and some of

my mentionings may seem frightening for [unreadable]. I think the

court can observe I have behaved and followed the orders and not

contacted nor went [to] a place she is at. I can’t deny that time is

running out and I accept if she doesn’t want to be with [unreadable] I

wish no one ill will and even pray my enemies make it to heaven.

This pain has pierced deeper than anything but I’m smart

enough to know they [unreadable] to be in it with me. I ask that the

court dismiss to give her a chance to legally reach out before the 9 th.

This would increase the chance of me being able to keep my badge to

work in nuclear facilities. I haven’t seen if it was revoked yet. At the

very least lift the restrictions of my firearms so I can teach my

nephews to hunt or protect my family. Bad guys don’t care about laws

and order. I’m not a bad guy. My faith increases my reason and

knowledge. It’s of sound mind and doctrine.

Love and Respect

Shelby Blake Short

(Ex. B).

{¶31} In Short’s second letter to the trial court, he actually admitted that he

violated the protection order. The second letter reads as follows:

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I plea and pray (ask) again that my case be dismissed on special

circumstances. I did violate the order yesterday. [L.H.] doesn’t have

to worry about me anymore. We could of helped more people

together, yet at the very least I’m hoping she’s honest with you guys

to at least help some of Paulding. If you absolutely have to charge me

I am okay with it. Jesus already knows I’d die a martyr let alone do a

little jail time. There’s still little chance we could work, however there

is nothing more I can do. My guns are the least of my concern in this

when I have God & genuinely want others closer to him as well. There

being nothing else I can do to help us work gives me no reason to

contact her anymore. If I were to come around or contact again

without her reaching out, I could understand harsh punishment in the

future. With what [L.H.] already knows of what we spoke of there’s

no good reason for me to be punished now. Please let me move

forward even if [L.H.] decides to be honest or not.

Love & Respect of Christ, Shelby Short.

(Ex. C).

{¶32} In addition to the testimony of L.H. and a member of the Antwerp

Police Department at trial, copies of the text messages and letters were introduced

into evidence at trial.

{¶33} Short testified on his own behalf at trial that he believed “special

circumstances” existed for him such that he was not violating the protection order.

Short believed that he had received prophecies from God, including predicting an

earthquake in northwest Ohio, and that the prophecies essentially indicated to him

that on June 9, 2025, one year from the last time L.H. had made contact with him,

L.H. would understand Short’s honesty. Short now argues on appeal that that the

“special circumstances” establish that he did not “recklessly” violate the terms of

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the protection order, thus he contends his conviction was not supported by the

weight of the evidence.

{¶34} Contrary to Short’s argument, the evidence in this case is simple and

straightforward. Short and L.H. were in some type of relationship. L.H. ended the

relationship and told Short not to contact her, yet he continued to do so. L.H. sought

and received a protection order. Short was aware of the order, but he contacted L.H.

anyway and he even admitted that fact in his letter to the court.

{¶35} While Short may feel this case contains “special circumstances,”

Revised Code 2919.27(A)(2) does not provide a legal defense for a defendant to

violate a protection order because he (perhaps genuinely) believes God has allowed

him to do so. The evidence clearly and affirmatively establishes that a protection

order was in place, and that Short violated that order. Therefore, this is not one of

the exceptional cases where the evidence weighs heavily against the conviction. For

all of these reasons, Short’s second assignment of error is overruled.

Third Assignment of Error

{¶36} In his third assignment of error, Short argues that the trial court abused

its discretion in sentencing him to 180 days in jail, with 135 days suspended. Short

was also placed on community control for 2 years, ordered to pay a fine and court

costs, and he was ordered to complete 20 hours of community service.

-17-Case No. 11-25-12

Standard of Review

{¶37} We review a trial court’s sentence on a misdemeanor violation under

an abuse-of-discretion standard. State v. Gingerich, 2025-Ohio-4908, ¶ 7 (3d Dist.).

An abuse of discretion suggests that a decision is unreasonable, arbitrary, or

unconscionable. State v. Adams, 62 Ohio St.2d 151, 157-158 (1980).

Analysis

{¶38} A trial court is required to consider the sentencing principles of R.C.

2929.21 and the criteria of R.C. 2929.22 before imposing a misdemeanor sentence.

Gingerich at ¶ 8. Specifically, when imposing a sentence for a misdemeanor

offense, R.C. 2929.21(A) states that a trial court “shall be guided by the overriding

purposes” of “protect[ing] the public from future crime by the offender and others”

and “punish[ing] the offender.”

This requires the trial court to

consider the impact of the offense upon the victim and the need for

changing the offender’s behavior, rehabilitating the offender, and

making restitution to the victim of the offense, the public, or the victim

and the public.

R.C. 2929.21(A). Further, R.C. 2929.21(B) states that the

sentence imposed for a misdemeanor . . . shall be reasonably

calculated to achieve the two overriding purposes of misdemeanor

sentencing . . . commensurate with and not demeaning to the

seriousness of the offender's conduct and its impact upon the victim,

and consistent with sentences imposed for similar offenses committed

by similar offenders.

-18-Case No. 11-25-12

{¶39} In turn, R.C. 2929.22(B)(1) contains a list of factors the trial court is

to consider in determining the appropriate sentence for a misdemeanor.

Stated generally, those factors include the nature and circumstances

of the offense(s); whether the offender has a history of persistent

criminal activity and is likely to commit another offense; whether

there is a substantial risk that the offender will be a danger to others;

whether the victim's circumstances made the victim particularly

vulnerable to the offense or made the impact of the offense more

serious; and factors relating to the offender's military service, if any.

State v. Johnson, 2022-Ohio-1782, ¶ 11 (2d Dist.).

{¶40} “In following the provisions of R.C. 2929.22, a trial court is not

required to state its specific reasons for imposing a sentence for a misdemeanor

conviction.” State v. Wilson, 2018-Ohio-2805, ¶ 13 (3d Dist.). Instead, “this court

will presume the trial court considered the criteria set forth in R.C. 2929.22 when:

the sentence at issue is within the statutory limits; and there is no affirmative

showing that the trial court failed to consider the applicable statutory factors.” State

v. Urban, 2007-Ohio-4237, ¶ 13 (3d Dist.).

{¶41} In this case, Short argues that he had no prior convictions, that there

was no evidence that there was a substantial risk that he would be a danger to others,

and that he was gainfully employed. He argues that these factors should have

weighed more heavily in his favor, thus the trial court abused its discretion.

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{¶42} Notably, at the sentencing hearing, the State actually recommended

that Short receive 90 days in jail because Short repeatedly would not take

responsibility for his actions, believing his violation of the protection order to be

justified. Contrary to the State’s recommendation, the trial court only required Short

to serve a 45-day jail term and the trial court allowed Short to choose his reporting

date.

{¶43} Short is correct that he did not have any prior convictions, but it

appears the trial court took that into account by not ordering Short to serve the

maximum possible jail-term, or even half of the maximum possible jail-term. While

the court initially imposed a 180-day jail term, 135 of those days were suspended,

so Short would only serve one-quarter of the maximum possible penalty based on

his actions in this case.

{¶44} In addition, although Short argues on appeal that he was no danger to

others, his decisions to keep contacting L.H. despite the protection order being in

place directly challenges that claim. In fact, at the sentencing hearing, after a

statement from L.H. was read by a victim’s advocate indicating L.H. wanted nothing

to do with Short, he still felt like she had “lead [him] on” despite the fact that she

blocked him and did not correspond with him at all after June 9, 2024. L.H.’s

statement at the sentencing also clearly indicated that Short’s actions had altered

L.H.’s life to a significant degree in a negative manner.

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{¶45} Based on the record before us, we do not see anything arbitrary,

unreasonable, or unconscionable in the trial court’s sentence of Short. The sentence

is compliant with the applicable statutes and there is no indication that the trial court

failed to consider the appropriate statutes in fashioning the sentence. Therefore,

Short’s third assignment of error is overruled.

Conclusion

{¶46} Having found no error prejudicial to Short in the particulars assigned

and argued, his assignments of error are overruled and the judgment of the Paulding

County Municipal Court is affirmed.

Judgment Affirmed

MILLER, and WILLAMOWSKI, J. J., concur.

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JUDGMENT ENTRY

For the reasons stated in the opinion of this Court, the assignments of error

are overruled and it is the judgment and order of this Court that the judgment of the

trial court is affirmed with costs assessed to Appellant for which judgment is hereby

rendered. The cause is hereby remanded to the trial court for execution of the

judgment for costs.

It is further ordered that the Clerk of this Court certify a copy of this Court’s

judgment entry and opinion to the trial court as the mandate prescribed by App.R.

27; and serve a copy of this Court’s judgment entry and opinion on each party to the

proceedings and note the date of service in the docket. See App.R. 30.

Juergen A. Waldick, Judge

Mark C. Miller, Judge

John R. Willamowski, Judge

DATED:

/jlm

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