A 36-year-old Lodi man will return to Medina County Common Pleas Court for resentencing following a partially successful appeal.
The appellate court ruling means Marc A. Bates could have a year taken off his 12-year-sentence.
In the Monday decision from the 9th District Court of Appeals, the 2011 case of Bates was remanded to Judge James L. Kimbler’s courtroom.
Bates was convicted in March last year of complicity to commit burglary and arson, theft of a motor vehicle and two counts of breaking and entering. He also was found to be a repeat violent offender.
Kimbler sentenced Bates to 12 years in prison after he was convicted of stealing wedding rings, $1,500 in coins and a blue 2000 Ford Ranger pickup, as well as bicycles and an oxygen tank in September 2011.
The truck was recovered four days later on fire just over the Medina County line in Wayne County.
The appellate court rejected Bates’ request for a new trial but ruled he should be resentenced because the burned vehicle should have resulted in a first-degree misdemeanor charge, not a fourth-degree felony. Misdemeanors are not punishable with prison time.
Arson becomes a felony when damage to property exceeds $1,000. Justices said the state never proved the truck was worth that much.
The 2011 case wasn’t Bates’ first time in common pleas court — he’s had 14 felony convictions in eight cases since 1995.
Other felony charges against him have included felonious assault, aggravated rioting, cocaine and methamphetamine possession, failure to comply with police orders, disrupting public service, trafficking in counterfeit drugs, burglary and theft.
No date has been set for Bates’ resentencing.
Contact reporter Nick Glunt at (330) 721-4048 or firstname.lastname@example.org.
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