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State v. Holloway

Court of Appeals of Ohio, Twelfth District, Butler

May 30, 2017

STATE OF OHIO, Plaintiff-Appellee,
v.
CLITES A. HOLLOWAY, Defendant-Appellant.

         CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2015-07-1174

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

          Scott N. Blauvelt, for defendant-appellant

          OPINION

          RINGLAND, J.

         {¶ 1} Defendant-appellant, Clites Holloway, appeals from the 12-month prison sentence he received in the Butler County Court of Common Pleas for violating the conditions of his community control. For the reasons detailed below, we affirm.

         {¶ 2} On August 25, 2015, Holloway entered into a plea agreement and pled guilty to one count of attempted failure to provide notice of change of address or place of employment in violation of R.C. 2923.02 and R.C. 2950.05(A), a fifth-degree felony. As a Tier I sex offender, Holloway was required to register his address with the Butler County Sheriff.

         {¶ 3} As a result of his guilty plea, on October 16, 2015, the trial court sentenced Holloway to five years of community control. At the original sentencing hearing, the trial court advised Holloway that he faced 12 months in prison if he violated the conditions of his community control. In pertinent part, the trial court stated:

TRIAL COURT: If you violate that or leave the state without permission, violate any of your terms, violate any law, this Court may impose a more restricted sanction or I may impose a prison term upon you specifically. I am going to reserve a 12-month prison term.

         The sentencing entry also reflected the specific 12-month prison term for a violation.

         {¶ 4} On March 24, 2016, the probation department filed a report and notice of a community control violation, again for failing to register his address. The trial court found Holloway in violation, but continued Holloway on community control. The sentencing entry indicated that there was "[z]ero tolerance" for any future violations and specified a 12-month sentence upon violation. This was also addressed during the hearing:

THE COURT: * * * Continue him on community control under his goal factors. So you still have to do everything you were ordered to do before, okay. And I'm going to warn you that at this point I'm going to say - - formally it's going to appear on the record that it's now a zero tolerance policy, okay. So moving forward you have to make sure you're doing everything right. Okay, I'm going to continue to shelf [sic] the 12 months, give him total credit of 95 days (indiscernible). Do you understand?
THE DEFENDANT: Yes, sir.

         {¶ 5} On July 21, 2016, the trial court issued an entry finding Holloway had once again violated the conditions of his community control, this time based on a robbery conviction. As a result, the trial court revoked Holloway's community control and sentenced him to 12 months in prison. Holloway now appeals from the trial court's sentencing decision, raising the following single assignment of error for review:

         {¶ 6} THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANT WHEN IMPOSING A TERM OF IMPRISONMENT FOR ...


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