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State v. McCall

Court of Appeals of Ohio, Fifth District

June 24, 2013

STATE OF OHIO Plaintiff-Appellee
v.
EUGENE B. MCCALL Defendant-Appellant

Criminal Appeal from the Court of Common Pleas, Case No. CR2000-0194

For Plaintiff-Appellee, D. MICHAEL HADDOX, PROSECUTING ATTORNEY

For Defendant-Appellant, KENNETH R. SPIERT, ROBERT L. SMITH, ASSISTANT PROSECUTOR

JUDGES: Hon. William B. Hoffman, P. J. Hon. Sheila G. Farmer, J. Hon. John W. Wise, J.

OPINION

Wise, J.

{¶1} Appellant Eugene McCall appeals the February 16, 2013, decision of the Muskingum County Court of Common Pleas denying his motion to vacate post-release control.

{¶2} Appellee is the State of Ohio.

{¶3} This case comes to us on the accelerated calendar. App.R. 11.1, which governs accelerated calendar cases, provides, in pertinent part:

{¶4} "(E) Determination and judgment on appeal. The appeal will be determined as provided by App.R. 11.1. It shall be sufficient compliance with App.R. 12(A) for the statement of the reason for the court's decision as to each error to be in brief and conclusionary form. The decision may be by judgment entry in which case it will not be published in any form."

{¶5} This appeal shall be considered in accordance with the aforementioned rule.

STATEMENTS OF FACTS AND CASE

{¶6} Appellant Eugene McCall was convicted on one count of aggravated robbery, in violation of R.C. §2901.01 (A)(1), a first-degree felony, and one count of robbery, in violation of R.C. §2901.02(A)(2), a second-degree felony.

{¶7} On February 12, 2001, Appellant appeared before the Muskingum County Court of Common Pleas for sentencing. At the sentencing hearing, the trial court merged the offenses and imposed a ten (10) year prison term for the aggravated robbery charge. During the hearing, the trial court advised Appellant "that it would be mandatory that you be placed upon five years of post-release control once you're released from the institution."

{¶8} In its February 15, 2001, Sentencing Entry, the trial court stated "[t]he Court further notified the Defendant that 'Post Release Control' is mandatory in this case up to a maximum of three (03) years as well as the ...


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