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State v. Gladwell

Court of Appeals of Ohio, Twelfth District, Butler

April 10, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
JOSEPH I. GLADWELL, Defendant-Appellant.

         CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2012-09-1483

          Michael T. Gmoser, Butler County Prosecuting Attorney, Willa Concannon, Government Services Center, for plaintiff-appellee

          Scott N. Blauvelt, for defendant-appellant

          OPINION

          S. POWELL, J.

         {¶ 1} Defendant-appellant, Joseph I. Gladwell, appeals from the 14-month prison sentence he received in the Butler County Court of Common Pleas for violating the conditions of his community control. For the reasons outlined below, we affirm.

         {¶ 2} On January 28, 2013, Gladwell entered into a plea agreement and pled guilty to one count of vandalism in violation of R.C. 2909.05(B)(1)(a), a fifth-degree felony, and one count of grand theft in violation of R.C. 2913.02(A)(1), a fourth-degree felony. The charges arose after Gladwell stole a Ford F250 pickup truck from the lot of Manheim Auto Auction located in Warren County and rammed said pickup truck into a security gate during the night of August 22, 2010 or the early morning hours of August 23, 2010.

         {¶ 3} As a result of his guilty plea, on May 1, 2013, the trial court sentenced Gladwell to nine months in prison on the vandalism charge and five years of community control on the charge of grand theft. Gladwell was also ordered to pay $20, 000 in restitution. It is undisputed that at his original sentencing hearing the trial court explicitly advised Gladwell that he faced 18 months in prison if he violated the conditions of his community control.

         {¶ 4} On March 5, 2015, the trial court issued an entry finding Gladwell violated the conditions of his community control. However, instead of sentencing Gladwell to prison, the trial court continued the conditions of his community control and further required him to complete 20 hours of community service until he found full-time employment, complete corrective thinking classes, live in Butler County, and pay $420 per month in restitution. Just like his original sentencing hearing, it is undisputed that the trial court explicitly advised Gladwell that he faced 18 months in prison if he violated the conditions of his community control.

         {¶ 5} On November 18, 2015, the trial court issued another entry finding Gladwell had again violated the conditions of his community control. However, just like it had done previously, instead of sentencing Gladwell to prison, the trial court continued the conditions of Gladwell's community control and further required Gladwell to complete the MonDay program at the MonDay Community Correctional Institute in Dayton, Ohio within six months. Unlike at his original sentencing hearing and previous community control violation hearing, the trial court did not explicitly advise Gladwell that he faced 18 months in prison if he violated the conditions of his community control. Rather, the trial court advised Gladwell of the following:

Now this is your last shot. You're going to go to prison next time you mess up and I will also want to add, zero tolerance on him. So that when you get out, if you mess up, even the littlest bit, you're going - that's my clue that you need to go to prison.

         {¶ 6} On June 24, 2016, the trial court issued an entry finding Gladwell had once again violated the conditions of his community control. As a result, just as the trial court advised Gladwell that it would, the trial court revoked Gladwell's community control and sentenced him to serve 14 months in prison. Gladwell now appeals from the trial court's decision sentencing him to 14 months in prison, raising the following single assignment of error for review.

         {¶ 7} THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANT WHEN IMPOSING A TERM OF IMPRISONMENT FOR HIS COMMUNITY CONTROL VIOLATION.

         {¶ 8} In his single assignment of error, Gladwell argues the trial court erred by sentencing him to a 14-month prison term for violating the conditions of his community control since the trial court did not explicitly advise him at his most recent community control violation hearing of the potential 18-month prison term he faced if he violated those conditions again. We disagree.

         {¶ 9} In support of his claim, Gladwell relies on the Ohio Supreme Court's decision in State v. Fraley,105 Ohio St.3d 13, 2004-Ohio-7110, wherein the court held that pursuant to R.C. ...


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