In the Matter of:
Case No. TR20080510
MOTION TO CONVERT TRIAL DATE TO STATUS HEARING
Now comes the defendant, Ian Neinast, and respectfully moves the Court to convert the trial date of October 27, 2008, at 2:30pm, to a status hearing.
In response to Ian's Objection to the Magistrate's Order, filed September 22, 2008, the Court issued an entry, on October 3, 2008, stating that the “Court permits Ian to withdraw his plea and try the case.” There appears to be some confusion here.
Nowhere in Ian's Objection is there any mention of withdrawing the plea. Defendant Ian Neinast knowingly and willingly pled “not deny” to the charge of Operation of an Unsafe Vehicle. Regardless of the proceedings scheduled for October 27, 2008, Ian has no intention of withdrawing that plea. What Ian objected to in the Magistrate's decision was the sentence imposed, specifically the imposition of traffic school (D.E.F.T.) and the length of the suspension of his license. The reasons for that objection are amply described in that Objection, but the essence of the Objection is that neither of those sentences was appropriate for the offense of Operation of an Unsafe Vehicle.
At this time, the issue of the 30-day suspension of Ian's license is moot; that suspension has been served, despite the requirement in the Rules of Juvenile Procedure that, “A magistrate's decision is not effective unless adopted by the court.” Juv. R. 40(D)(4)(a). However, the challenge to the sentence of traffic school is still valid, and Ian would appreciate the decision of the Court on that issue.
The Rules of Juvenile Procedure state that “Whether or not objections are timely filed, a court may adopt or reject a magistrate's decision in whole or in part, with or without modification.” Juv. R. 40(D)(4)(b). Ian, as a result of his Objection, was expecting that the Court would modify the sentence imposed by the Magistrate based upon the compelling reasons presented, or, conversely, officially adopt it. Nothing more.
Hence, Ian respectfully requests that this Court issue a clear ruling on his objections, by adopting or modifying the sentence imposed by the magistrate.
/s/ Ian A. Neinast
Ian A. Neinast
/s/ Robert A. Neinast
Robert A. Neinast (father)
8617 Ashford Lane
Pickerington, OH 43147
Phone: (614) 759-1601