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State v. Oulhint

Court of Appeals of Ohio, Eighth District

July 25, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
ABDELAZIZ O. OULHINT DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-553165

ATTORNEY FOR APPELLANT: Thomas A. Rein Leader.

ATTORNEYS FOR APPELLEE: Timothy J. McGinty Cuyahoga County Prosecutor, By: Andrew Santoli Assistant County Prosecutor.

BEFORE: Blackmon, J., Boyle, P.J., and Rocco, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶1} Appellant Abdelaziz O. Oulhint ("Oulhint") appeals his sentence and assigns the following two errors for our review:

I. Appellant is entitled to a de novo sentencing hearing as the trial court failed to impose a period of postrelease control at the original sentencing hearing or at the previous community control sanction hearing.
II. The trial court was without jurisdiction and abused its discretion and violated appellant's constitutional and statutory rights when it sentenced appellant to prison although it never notified appellant at the violation hearing or in the journal entry that a specific prison sentence may be imposed for violation of community control sanctions.

{¶ 2} Having reviewed the record and pertinent law, we affirm Oulhint's sentence. The apposite facts follow.

Facts

{¶ 3} The Cuyahoga County Grand Jury indicted Oulhint for one count of grand theft. On September 28, 2011, Oulhint pleaded guilty to the single count indictment. At the plea hearing, the court asked Oulhint, "Do you also understand that you may be subject also to discretionary post-release control up to three years?" Oulhint responded that he understood.

{¶ 4} The court also advised at the hearing:

If the court imposes a prison term, upon completion of that term, the State of Ohio Adult Parole Authority has the choice and not this court as to whether or not the Adult Parole Authority will supervise you for up to three years under what is called postrelease control.
If you fail to meet the terms and conditions of any post-release control supervision imposed upon you, then the Adult Parole Authority can modify and/or extend your supervision and make it more restrictive, incarcerate you for up to one-half of the original sentence imposed by the court, charge you with a new offense called escape, another felony where you would face additional prison time; and if you commit a new crime ...

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