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State v. Jones

Court of Appeals of Ohio, Seventh District, Mahoning

March 15, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
WILLIE JONES DEFENDANT-APPELLANT

         Criminal Appeals from the Youngstown Municipal Court of Mahoning County, Ohio Case Nos. 10CRB02474; 10TRD03709

          For Plaintiff-Appellee: Atty. Dana Lantz Youngstown City Prosecutor Atty. Kathleen Thompson Assistant Prosecuting Attorney

          For Defendant-Appellant: Atty. John A. Ams

          Hon. Cheryl L. Waite Hon. Gene Donofrio Hon. Carol Ann Robb

          OPINION

          WAITE, J.

         {¶1} Appellant Willie Jones was originally convicted in two separate matters in late 2010 and was sentenced solely to a period of probation for both by means of a joint hearing in early 2011. Between 2011 and 2015, Appellant committed several more criminal acts resulting in additional convictions and several probation violations. Appellant now appeals two judgment entries from the Youngstown Municipal Court, both filed May 8, 2015. In both, Appellant was separately sentenced to 180 days in jail to be served consecutively to any other case. Both of these sentences were the result of three separate criminal acts which also caused a third probation violation conviction. Appellant argues that because the trial court did not state that his original 2011 sentence on the underlying convictions was to be served consecutively to any other case, the court's imposition of consecutive sentences for his later probation violation is erroneous. For the reasons provided, Appellant's arguments are without merit and the judgment of the trial court is affirmed.

         Factual and Procedural History

         {¶2} The record does not provide many details regarding either case before us on appeal and Appellant's history is convoluted. We can glean that on December 10, 2010 in case number 10TRD03709, Appellant was charged with: speeding, driving with a suspended license, and failure to comply. As the result of a Crim.R. 11 plea agreement, Appellant pleaded guilty to failure to comply and the remaining charges were dismissed.

         {¶3} In case number 10CRB02474, on December 13, 2010, Appellant was charged with: one count of possession of drug paraphernalia, a misdemeanor of the first degree in violation of Y.C.O. 513.12(c)(1); one count of possession of drug instruments, a misdemeanor of the first degree in violation of Y.C.O. 513.04(a); and one count of possession of marijuana, a misdemeanor of the first degree in violation of Y.C.O. 513.03. As the result of a Crim.R. 11 plea agreement, Appellant pleaded guilty to possession of marijuana and a reduced possession of drug paraphernalia charge. The remaining charge was dismissed. On February 3, 2011, Appellant was sentenced to five years of probation in both matters and his driver's license was suspended for three years. It appears that Appellant received a combined sentencing hearing dealing with both cases and a combined sentence, but was issued separate judgment entries in each case.

         {¶4} On January 3, 2012, notification of a possible probation violation was filed. The violations included: failure to report to probation on two occasions, failure to complete community service, failure to comply with drug and alcohol treatment, failure to pay financial sanctions, and an arrest for assault on November 25, 2011. It appears that Appellant was placed on house arrest in connection with these charges. Before the trial court's scheduled hearing, a second notification of possible probation violation was filed because Appellant failed to comply with house arrest.

         {¶5} Appellant was found guilty of the criminal charge. On March 20, 2013, Appellant was sentenced to a thirty-day jail term for the first violation. Notably, this sentence was ordered to run consecutively to any other sentence. Appellant served his 30-day jail sentence and no appeal was taken of this matter.

          {¶6} Appellant was also found guilty of his second probation violation, and on May 20, 2013 Appellant was sentenced to a 180 day term of incarceration which was then suspended. We note that this sentence was also ordered to run consecutively to any other sentence.

         {¶7} On November 7, 2014, a third notice of possible probation violation was filed, alleging the following: failure to report to probation on two occasions, failure to complete community service, failure to comply with alcohol and drug treatment, failure to pay financial sanctions, and an active "FTA capias" out of Liberty Twp. Appellant stipulated to all violations. On May 8, 2015, the trial court sentenced Appellant to 180 days in jail for his original charges of possession of marijuana/drug abuse and 30 days in jail for drug paraphernalia. The court ordered these sentences to run concurrently, but consecutively to any other sentence. Appellant was sentenced to an additional 180 days for failure to comply. This sentence was also ordered to be served consecutively with any other sentence. It is from these judgment entries that Appellant timely appeals.

         {¶8} It is noted that Appellant filed a motion for sentence modification and a motion seeking stay pending appeal. The trial court denied the former motion and granted the latter. It is further noted ...


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