Brian A. Smith, Barberton, Ohio, for Appellant.
Brigham M. Anderson, Lawrence County Prosecuting Attorney, and W. Mack Anderson, Lawrence County Assistant Prosecuting Attorney, Ironton, Ohio, for Appellee.
DECISION AND JUDGMENT ENTRY
Marie Hoover, Judge
(¶ 1} Defendant-appellant, Ronald Patrick, appeals the judgment of the Lawrence County Common Pleas Court convicting him of three counts of aggravated drug trafficking and sentencing him to six years in prison. On appeal, Patrick contends that the trial court's sentencing entry imposed a longer prison term than that established at his sentencing hearing, and that the sentencing entry improperly includes a forfeiture specification. Patrick further contends ineffective assistance of counsel.
(¶ 2} Upon review, we conclude that the sentence stated by the trial court in its sentencing entry, i.e., "six years, " differed from the sentence announced at the sentencing hearing, i.e., "five years." Further, the sentencing entry is contrary to law in that it included a forfeiture specification despite the fact that the State never sought such specification. Accordingly, Patrick's sentence is reversed and vacated; and this cause is remanded to the trial court for resentencing.
(¶ 3} Patrick was indicted by the Lawrence County Grand Jury on three counts of aggravated trafficking in drugs: Counts 1 and 2 being felonies of the third degree in violation of R.C. 2925.03(A)(1)(C)(1)(b), and Count 3 being a felony of the second degree in violation of R.C. 2925.03(A)(1)(C)(1)(c). Counsel was appointed; and Patrick was arraigned wherein he pled not guilty.
(¶ 4} Patrick subsequently agreed to plead guilty to all three charges. A plea hearing was held, during which the trial court fully apprised Patrick of his rights. Patrick knowingly, voluntarily, and intelligently waived those rights and agreed to plead guilty to the charges.
(¶ 5} On June 6, 2012, a sentencing hearing was conducted. At the conclusion of the hearing, the trial court imposed a sentence as follows:
The court weighing the statements of counsel and the defendant and weighing the purposes and principle guidelines of the Ohio Revised Code Section 2929.11 and the seriousness and recidivism factors under 2929.12 and following the guidelines of 2929.13 does hereby sentence you to five years in the appropriate penal institution. On count, on the F-2 aggravated trafficking in drugs, F-2, three years post release control and a ten thousand dollar fine, one year drivers license suspension, on the two counts of the F-3, three years each, three years post release control all concurrent for a total of a five year prison term.
(¶ 6} However, in its July 9, 2012 Judgment Entry (aka "sentencing entry"), the trial court sentenced Patrick to six years of incarceration, and included a "property specification" on one of the third degree felony charges.
(¶ 7} Patrick assigns three errors for our review: First Assignment of Error:
Appellant's sentence of six years in prison constituted a violation of Rule 43 of the Ohio Rules of Criminal Procedure, and a denial of Appellant's right to confrontation as required by the Sixth Amendment of the United States Constitution and Article I, Section 10 of the Ohio Constitution.
Second Assignment of Error:
The failure of Appellant's trial counsel to object to, or otherwise correct, the trial court's sentencing entry constituted ...