Recently convicted defendants file appeals
LISBON — Two defendants recently convicted and sentenced to prison, one for a 2022 knife attack against a woman and one for abusing a child, filed appeals this week with the Seventh District Court of Appeals.
A jury recently found Joseph Boyer, 52, last known address Ogden Street, East Liverpool, guilty of felonious assault, a second-degree felony, and domestic violence, a fourth-degree felony, for the July 7, 2022 attack in East Liverpool.
Columbiana County Common Pleas Court Judge Scott Washam ordered Boyer to prison for eight to 12 years for the felonious assault and 18 months for the domestic violence, but to be served at the same time, concurrently. He received credit for 785 days already served since his arrest the day of the incident.
Since the term for felonious assault is indefinite, the Ohio Department of Rehabilitation and Corrections could decide to make him Boyer stay for up to four more years on top of the eight years he must serve.
The prosecution had recommended consecutive sentences, for a total minimum of nine years, which is the sentence Boyer received the first time around in April 2023 after pleading guilty to the charges. A charge of attempted murder had been dropped by the prosecution due to legal issues.
Boyer attempted to withdraw his plea, which the judge denied, but then his conviction was reversed by the Seventh District Court of Appeals, which ruled the trial court erred in denying the request to withdraw the guilty plea.
The case came back to Common Pleas Court, this time ending in a jury trial, with a guilty verdict and a prison sentence.
Defense attorney T. Robert Bricker filed the appeal on behalf of Boyer, but also asked to withdraw from the case and for the appointment of substitute appellate counsel. The dispositional entry regarding the sentence and jury decision is what’s being appealed.
Also filing an appeal was Melissa Mills, 40, Franklin Avenue, Salem, who was sentenced to an indefinite term of four to six years in prison for three felony counts against her for physically abusing a child over a one-month period in 2020.
Mills pleaded guilty in April to second-degree felonies of endangering children and felonious assault and third-degree felony endangering children.
During her recent sentencing, Washam denied her motion to withdraw the plea and proceeded to sentencing, ordering the terms for all three charges be served at the same time, with the indefinite term of four to six years on the more serious of the two endangering children counts, 18 months for the other endangering children count and three to four and a half years for the felonious assault. She received credit for three days already served in jail.
Mills was accused of alleged child abuse and causing serious physical harm to a 4-year-old child from May 25, 2020 to June 17, 2020.
She was appealing the judgment entry from Oct. 22, when her motion to withdraw plea was denied and she was sentenced. Her defense attorney at the trial court level, Paul Conn, requested appointment of appellate counsel for her and for a stay of the sentence pending appeal.
mgreier@mojonews.com