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State v. Wile

Court of Appeals of Ohio, Fifth District, Richland

February 23, 2017

STATE OF OHIO Plaintiff-Appellee
v.
TONY L. WILE Defendant-Appellant

         Appeal from the Richland County Common Pleas Court, Case No. 2007CR0993 D

          For Plaintiff-Appellee BAMBI COUCH PAGE Prosecuting Attorney Richland County, Ohio By: DANIEL M. ROGERS Assistant Prosecuting Attorney

          For Defendant-Appellant RANDALL E. FRY

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Craig R. Baldwin, J.

          OPINION

          HOFFMAN, J.

         {¶1} Defendant-appellant Tony L. Wile appeals the May 19, 2016 Journal Entry finding Appellant guilty of a probation violation and the May 24, 2016 Judgment Entry denying Appellant's motion to dismiss, both entries entered by the Richland County Court of Common Pleas. Plaintiff-appellee is the state of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On January 15, 2009, Appellant entered a plea of no contest to the charges of possession of Ketamine, a Schedule III controlled substance, in violation of R.C. 2925.11(A), a third degree misdemeanor; and possession of LSD, a Schedule I controlled substance, in violation of R.C. 2925.11(A), a felony of the fourth degree.

         {¶3} Via Judgment Entry filed on March 10, 2009, the trial court ordered Appellant undergo intervention in lieu of conviction. Pursuant to the trial court's entry, Appellant would continue drug intervention treatment for a minimum of one year and should not be released without approval of the trial court. The entry states,

2. As required by O.R.C. 2951.041(D), Defendant is placed under the supervision of the Richland County Court Services and subject to community control sanctions for a period of at least one year.***

         {¶4} On November 6, 2013, a bench warrant was issued for Appellant due to his failure to complete his intervention in lieu of conviction terms.

         {¶5} On August 7, 2014, the trial court found Appellant guilty of both counts of possession of drugs, based upon his prior plea of no contest. Via Sentencing Entry of September 18, 2014, the trial court ordered Appellant pay a fine to the Mansfield Police Department and restitution to the Mansfield Police Department Lab. The trial court suspended Appellant's license for six months, and imposed two years of community control. The trial court indicated a violation of community control would lead to a prison term of eighteen months.

         {¶6} On January 26, 2016, a bench warrant was issued due to Appellant's violation of community control.

         {¶7} On February 2, 2016, a notice of hearing and probation violation was filed by the state, alleging Appellant ...


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