Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Zawitz

Court of Appeals of Ohio, Eighth District

June 20, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
MICHAEL ZAWITZ DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-420037, CR-421418, and CR-423331

FOR APPELLANT Michael Zawitz, pro se Inmate No. 502-875 Grafton Correctional Institution.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor BY: Diane Smilanick Assistant Prosecuting Attorney.

BEFORE: Celebrezze, J., Stewart, A.J., and Rocco, J.

JOURNAL ENTRY AND OPINION

FRANK D.CELEBREZZE, JR, JUDGE.

{¶ 1} This cause came to be heard on the accelerated calendar pursuant to App.R. 11.1 and Loc.R. 11.1.

{¶ 2} Defendant-appellant, Michael Zawitz, appeals from the journal entry of sentencing, issued nunc pro tunc to correct the sentence originally imposed for appellant's violation of community control sanctions. After careful review of the record and relevant case law, we reverse the trial court's judgment and remand for the trial court to vacate its May 12, 2006 nunc pro tunc entry and reinstate the March 29, 2006 judgment.

{¶ 3} On January 28, 2002, appellant was indicted by the Cuyahoga County Grand Jury in Cuyahoga C.P. No. CR-420037, charging him with burglary in violation of R.C. 2911.12 and theft in violation of R.C. 2913.02. On August 7, 2002, appellant pled guilty to Count 1, burglary, with two notice of prior conviction specifications and two repeat violent offender specifications; and Count 2, theft, with all specifications in Count One deleted. On October 17, 2002, appellant was sentenced to a prison term of four years on Count 1 and six months on Count 2, to run concurrently to each other and to the sentences in Cuyahoga C.P. Nos. CR-421418 and CR-423331.

{¶ 4} On March 29, 2002, appellant was indicted by the Cuyahoga County Grand Jury in Cuyahoga C.P. No. CR-421418, on charges of burglary in violation of R.C. 2911.12 and receiving stolen property in violation of R.C. 2913.51. On August 7, 2002, appellant pled guilty to Count 1, burglary, and Count 2, receiving stolen property. On October 17, 2002, appellant was sentenced to a prison term of four years on Count 1 and six months on Count 2, to run concurrently to each other and to the sentences in Cuyahoga C.P. Nos. CR-420037 and CR-423331.

{¶ 5} On May 23, 2002, appellant was indicted by the Cuyahoga County Grand Jury in Cuyahoga C.P. No. CR-423331, charging him with burglary in violation of R.C. 2911.12 and theft in violation of R.C. 2913.02. On August 7, 2002, appellant pled guilty to Count 1, burglary, and Count 2, theft. On October 17, 2002, appellant was sentenced to a prison term of four years on Count 1 and six months on Count 2, to run concurrently to each other and to the sentences in Case Nos. CR-421418 and CR-420037.

{¶ 6} On February 20, 2004, appellant filed a motion for judicial release, and the trial court held a hearing to review the merits of appellant's motion on April 4, 2004. At the conclusion of the hearing, the trial court determined that appellant was eligible for judicial release because he had served all mandatory prison time. The trial court sentenced appellant to five years of community control sanctions and notified him that violations of the terms and conditions of his release could result in more restrictive sanctions or a prison term.

{¶7} On March 15, 2005, appellant was found to be in violation of his community control sanctions. After careful consideration, the trial court continued appellant's community control, but ordered him to spend six months at the Keating Center for treatment.

{¶ 8} On March 29, 2006, appellant was found to be in violation of his community control sanctions a second time. At the community control revocation hearing, the trial court terminated appellant's community control sanctions and sentenced him to a prison term of two years on CR-420037, CR-421418, and CR-423331, to be served concurrently to each other. In a journal entry dated March 29, 2006, the trial court confirmed appellant's sentence stating, "It is therefore ordered that said defendant, Michael Zawitz, is now sentenced to the Lorain Correctional Institution for a term of 2 year(s)."[1]

{¶ 9} On May 12, 2006, the trial court issued a nunc pro tunc correction to the March 29, 2006 sentencing journal entry, thereby amending the journal entry to read that appellant was sentenced to a total of four years in ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.