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State v. Crawford

Court of Appeals of Ohio, Fifth District

July 5, 2007

STATE OF OHIO Plaintiff-Appellant
v.
KENNETH CRAWFORD Defendant-Appellee

Criminal Appeal from the Court of Common Pleas, Case Nos. 1999 CR 423H, 1999 CR 526H

For Plaintiff-Appellant JAMES J. MAYER, JR. PROSECUTING ATTORNEY KIRSTEN PSCHOLKA-GARTNER ASSISTANT PROSECUTOR

For Defendant-Appellee WILLIAM FITHIAN, III

Hon. W. Scott Gwin, P. J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Wise, Judge.

{¶1} Appellant, the State of Ohio, appeals the decision of the Richland County Court of Common Pleas, which removed Defendant-Appellee Kenneth Crawford from further post-release control obligations. The relevant facts leading to this appeal are as follows.

{¶2} On October 4, 1999, in case number 1999-CR-423H, Appellee Crawford entered guilty pleas to an amended count of robbery, three counts of failure to comply with the order or signal of a police officer, and one count of possession of crack cocaine.

{¶3} On December 22, 1999, in case number 1999-CR-526H, Appellee Crawford entered a guilty plea to one count of trafficking in cocaine.

{¶4} Appellee was thereafter sentenced as follows: An aggregate prison term of five years was ordered in 1999-CR-423H, and a prison term of one year was ordered in 1999-CR-526H. The sentences were ordered to run consecutively to each other. The sentencing entries did not contain any notification of post-release control obligations.

{¶5} On August 24, 2000, appellee was granted judicial release regarding the above sentences. The trial court further ordered three years of community control, and mandated that appellee was to complete an offender program through the Licking-Muskingum Community Corrections Center. However, appellee violated the terms of his community control and was returned to prison on October 27, 2000.

{¶6} On January 30, 2001, the trial court granted appellee judicial release for the second time. At that time, the court placed appellee on four years of community control.

{¶7} Appellee thereafter admitted to additional community control violations. On March 7, 2003, the trial court re-imposed the remainder of appellee's five-year prison sentence. In that entry, the court notified appellee that he would be subject to up to five years of post-release control following his release from prison, and further advised appellee of the consequences of a violation of his post-release control.

{¶8} On December 28, 2006, in apparent reference to the Ohio Supreme Court's decision in Hernandez v. Kelly, 108 Ohio St.3d 395, 2006-Ohio-126, the trial court sua sponte issued a judgment entry removing appellee from post-release control. Said judgment entry reads as follows:

{¶9} "Mr. Crawford was convicted and sentenced by this Court before the Ohio Supreme Court interpreted the law to require the sentencing judge to advise criminal defendants of the exact amount of time they would be subject to post release control. Mr. Crawford was not informed at the time of his sentence specifically that he would be subject to post release control and therefore having ...


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