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State v. Ball

Court of Appeals of Ohio, Fifth District

August 1, 2013

STATE OF OHIO Plaintiff-Appellee
v.
DONTAE BALL Defendant-Appellant

Criminal appeal from the Licking County Court of Common Pleas, Case No. 12CR00554

For Plaintiff-Appellee KENNETH OSWALT CHRISTOPHER REAMER

For Defendant-Appellant ANDREW SANDERSON KRISTIN SCHOECK

Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. Craig R. Baldwin, J.

OPINION

Gwin, P.J.

{¶1} Appellant Dontae Ball ["Ball"] appeals from a February 26, 2013 Judgment Entry of the Licking County Court of Common Pleas imposing sentence that included an additional four-year prison sentence for violation of post-release control.

Facts and Procedural History

{¶2} On October 21, 1999, Ball was sentenced to a thirteen-year prison term in Franklin County Common Pleas Case 98 CR 2033. Ball was sentenced for Aggravated Robbery, a felony of the first degree and a consecutive three-year weapons specification. Id. The trial court's sentencing language in 98 CR 2033 related to postrelease control stated in pertinent part, "After imposition of sentence the Court notified the Defendant orally and in writing .... [of] the applicable periods of post-release control..." Ball's conviction and sentence was affirmed. State v. Ball, Ohio App. 10 Dist. Franklin No. 99-AP-1288, 2000 WL 1357928(Sept. 21, 2000).

{¶3} Ball was released from the Ohio Department of Corrections on December 24, 2011, and placed on five years of post-release control.

{¶4} On October 19, 2012, Ball was indicted in the case at bar on three counts of felony trafficking in drugs, one count of felony possession of drugs and a misdemeanor offense of possession of drug paraphernalia. Forfeiture specifications accompanied the felony counts.

{¶5} On February 11, 2012, Ball filed a pleading titled, "Defendant's motion to dismiss post-release control sanctions." That pleading acknowledged that upon Ball's release from prison on December 24, 2011, the Adult Parole Authority had placed Ball on post-release control that included "several restraints on his freedom." On February 13, 2013, Ball filed a supplement to his motion that included a certified copy of Ball's sentencing entry in the Franklin County case.

{¶6} Ball appeared before the trial court on February 26, 2013, and entered pleas of guilty to the charges and specifications contained in the indictment. After objections by the defense and arguments of counsel, the trial court imposed an aggregate sentence of six and a half years on the charges. This sentence included four years of imprisonment imposed as a collateral sanction for Ball's violation of "postrelease control."

Assignments of Error

{¶7} Ball raises two assignments of error,

{¶8} "I. THE TRIAL COURT COMMITTED HARMFUL ERROR IN SENTENCING THE DEFENDANT-APPELLANT HEREIN.

{¶9} "II. THE TRIAL COURT COMMITTED HARMFUL ERROR IN SENTENCING THE DEFENDANT-APPELLANT TO A FOUR YEAR TERM OF IMPRISONMENT AS A COLLATERAL SANCTION HEREIN."

I.

{¶10} In his first assignment of error, Ball argues that the part of his sentence that imposed post-release control was void because the Franklin County Court of Common Pleas had failed to adequately notify him in its 1999 judgment entry of sentencing concerning post release control. Therefore, Ball contends that the imposition of a prison sentence for violation of post release control in the case at bar was error.

{¶11} At the time of sentencing in 1999, R.C. 2929.19, the statutory subsection expressly prescribing what a trial court must do at a sentencing ...


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