From staff and wire reports
AKRON — An appeals court overturned a Medina County judge’s decision in a criminal case to ban a Florida man from Ohio for life.
A three-judge panel of the 9th Ohio District Court of Appeals overturned the ban against George Mose, 48, who pleaded guilty to attempted murder of his ex-girlfriend, a Brunswick resident, and attempted aggravated burglary. Mose accepted the ban as part of a plea agreement.
The judges said Ohio law doesn’t allow such a punishment.
“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,” the court said in a Monday decision.
The appeals panel cited a 1998 ruling by another court in Canton striking down a similar county ban as impermissible under state law.
The appeals panel upheld Mose’s three-year prison sentence. Mose was released from prison in October, according to the state’s prison inmate website.
Mose attempted suicide twice over the breakup with his girlfriend and drove from Bradenton, Fla., to Brunswick in November 2009 after telling roommates that he was going to kill her, according to court documents.
Mose told his roommates about his plan to remove his license plate to disguise his car, arrive at his ex-girlfriend’s doorstep with birthday balloons hiding his face, strangle her, and then leave a gift bag full of sentimental items next to her body for her husband. Finally, he planned to either provoke Brunswick police into shooting him, or asphyxiate himself, according to court documents.
Mose’s roommates’ daughter alerted Brunswick police to the threat after finding the license plate on his bed. Police warned the family and located Mose at a motel, where they found a pocket knife, a gift bag with photographs and other items and balloons.
During a conversation with police, Mose broke down and agreed to a psychological assessment, which led to his involuntary commitment to a mental health facility, according to the documents.
Mose initially pleaded not guilty but changed his plea to guilty during his trial and accepted the ban.
The plea agreement included a provision that Mose could return to Ohio only to meet parole requirements.
Messages seeking comment were left Thursday for the Medina County prosecutor and Mose’s defense attorney.