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State v. Hall

Court of Appeals of Ohio, Fifth District

December 3, 2007

STATE OF OHIO Plaintiff-Appellee
v.
JEREMY HALL Defendant-Appellant

Appeal from the Court of Common Pleas, Case Nos. 01CR515, 01CR547

BRIAN WALTZ For Plaintiff-Appellee

THOMAS S. GORDON For Defendant-Appellant

Hon. Sheila G. Farmer, P.J. Hon. Julie A. Edwards, J. Hon. Patricia A. Delaney, J.

OPINION

Farmer, P.Judge.

{¶1} On November 15, 2001, the Licking County Grand Jury indicted appellant, Jeremy Hall, on two counts of breaking and entering in violation of R.C. 2911.13 and one count of escape in violation of R.C. 2921.34 (Case No. 01CR515). On December 6, 2001, appellant was additionally indicted on three counts of breaking and entering in violation of R.C. 2911.13 and two counts of safecracking in violation of R.C. 2911.31 (Case No. 01CR547).

{¶2} On May 21, 2002, appellant pled guilty as charged. By judgment entries filed same date, the trial court sentenced appellant to five years of community control.

{¶3} On February 6, 2007, the state filed a motion to revoke appellant's community control. By judgment entries filed February 23, 2007, the trial court found appellant violated the terms of his community control, and sentenced him to an aggregate term of one and one-half years in prison.[1]

{¶4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I

{¶5} "THE TRIAL COURT COMMITTED ERROR WHEN IT SENTENCED MR. HALL TO PRISON FOR VIOLATING COMMUNITY CONTROL, AS IT HAD NOT PREVIOUSLY TOLD HIM OF A SPECIFIC PRISON SENTENCE IT WOULD IMPOSE."

I

{¶6} Appellant claims the trial court erred in sentencing him after revoking community control as the trial court had not previously informed him of his potential sentence. We disagree.

{¶7} In support of his argument, appellant cites the Supreme Court of Ohio's opinion in State v. Brooks, 103 Ohio St.3d 134, 2004-Ohio-4746. The Brooks court held the ...


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