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State v. Knuckles

Court of Appeals of Ohio, Ninth District

September 18, 2013

STATE OF OHIO Appellee
v.
RODNEY KNUCKLES Appellant

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 10 04 1130

RODNEY KNUCKLES, pro se, Appellant.

SHERRI BEVAN WALSH, Prosecuting Attorney, and RICHARD S. KASAY, Assistant Prosecuting Attorney, for Appellee.

DECISION AND JOURNAL ENTRY

MOORE, Presiding Judge.

(¶1} Defendant-Appellant, Rodney Knuckles, appeals from the February 15, 2013 judgment entry of the Summit County Court of Common Pleas. We affirm.

I.

(¶2} In October of 2010, Mr. Knuckles pleaded guilty to burglary, in violation of R.C. 2911.12(A)(3), a felony of the third degree. The trial court sentenced him to five years of imprisonment, suspended, with two years of community control. In April of 2012, Mr. Knuckles violated the terms of his community control, pleaded guilty, and was sentenced to an additional two years of community control with all other terms of his sentence remaining in full effect. A few weeks later, Mr. Knuckles again violated the terms of his community control and later pleaded guilty to the charges. In July of 2012, the trial court sentenced him to a definite period of five years of imprisonment, not mandatory, to run concurrently with a sentence imposed in another case.

(¶3} Mr. Knuckles did not appeal from the April or July judgment entries.

(¶4} On October 24, 2012, Mr. Knuckles filed a motion to correct an improper sentence pursuant to Crim.R. 36. In his motion, Mr. Knuckles argued that, based upon the enactment of H.B. 86 in 2011, the maximum sentence for a third degree felony is thirty-six months. Mr. Knuckles also relied upon the Tenth District Court of Appeals' decision in State v. Nistelbeck, 10th Dist. Franklin County No. 11AP-874, 2012-Ohio-1765. The trial court denied Mr. Knuckles' motion stating that (1) sentence was imposed, although suspended, in 2010, and (2) his argument is barred by the doctrine of res judicata.

(¶5} Mr. Knuckles appealed, presenting one assignment of error for our consideration.

II.

ASSIGNMENT OF ERROR

THE TRIAL COURT ERRED AND ABUSED IT[S] DISCRETION AND DID NOT COMPLY WITH THE STATUTORY REQUIREMENTS [] WHEN IT IMPOSED A PRISON TERM FOR A VIOLATION OF COMMUNITY CONTROL ON [JUNE 26, 2012].

(¶6} In his sole assignment of error, Mr. Knuckles argues that the trial court erred in sentencing him to five years of imprisonment for burglary, a third degree felony, ...


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