The Ninth District Court of Appeals has ruled that the Medina County Court of
Common Pleas cannot issue a lifelong ban to a Florida man from entering the
state of Ohio.
According to court documents, George Mose, of Bradenton, Florida, drove to
Brunswick, Ohio with plans to kill a woman he was previously involved with.
Police later found Mose in a motel room and he was charged with two counts of attempted murder and one count of attempted aggravated burglary.
As part of a plea agreement, Mose pleaded guilty to all three counts and
"agreed never to return to the State of Ohio during his lifetime other than for
parole requirements." The trial court accepted the agreement and sentenced Mose
to three years of prison.
Mose filed an application for delayed appeal, saying the common pleas court did not provide him with the proper post release control terms. He also claimed the trial court "lacked subject matter
jurisdiction to accept his guilty pleas because his actions did not constitute
an ‘attempt' to commit murder or burglary."
"We agree that Mr. Mose's lifelong
banishment from the State of Ohio is contrary to law … While we understand that
Mr. Mose agreed to this sanction, the trial court was without authority to
impose a punishment which is not authorized by statute. As such, we must vacate
only that portion of Mr. Mose's sentence," wrote Judge Carla Moore in the appeals court's unanimous decision.
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