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State v. Dotson

Court of Appeals of Ohio, Fifth District

August 26, 2013

STATE OF OHIO Plaintiff-Appellee
v.
JERRY DOTSON, JR. Defendant-Appellant

Appeal from the Stark County Court of Common Pleas, Case No. 2012-CR-1216

For Plaintiff-Appellee RONALD MARK CALDWELL Assistant Prosecuting Attorney Appellate Section

For Defendant-Appellant KRISTINA R. POWERS Stark County Public Defender's

JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

Baldwin, J.

(¶1} Appellant Jerry Dotson, Jr., appeals a judgment of the Stark County Common Pleas Court revoking his probation and imposing a sentence of seventeen months incarceration. Appellee is the State of Ohio.

STATEMENT OF FACTS AND CASE

(¶2} In 2012, appellant was indicted by the Stark County Grand Jury with one count of possession of cocaine (R.C. 2925.11(C)(4)(b)), as a fourth degree felony, and one count of operating a motor vehicle under the influence. Appellant entered a plea of guilty to the charges on September 19, 2012. The guilty plea form stated at the beginning that the offense of possession of cocaine was a fourth degree felony; however, the form later designated the offense as a fifth degree felony. The judgment memorializing the guilty plea and ordering a presentence investigation also classified the offense as a fifth degree felony.

(¶3} The trial court conducted a sentencing hearing on the possession of cocaine charge on October 12, 2012. The judgment entry of sentencing, filed October 19, 2012, stated that the offense was a fifth degree felony, imposed a three-year term of community control, and stated that violation of the conditions of community control could lead to a prison term of eleven months.

(¶4} The trial court conducted a probation revocation hearing on December 10, 2012. Appellant stipulated to the violation. The trial court informed appellant that he could be sentenced to a term of imprisonment of seventeen months. The following colloquy then occurred:

(¶5} "THE DEFENDANT: Ah, just about the F5 situation.

(¶6} "But, I'd rather just go ahead and get it out of the way today. So I ain't gonna waste your time.

(¶7} "THE COURT: All right, sir.

(ΒΆ8} "Well, I am certainly willing to, to look at anything that, ah you want ...


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