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State v. Boswell

Court of Appeals of Ohio, Fifth District, Ashland

May 30, 2017

STATE OF OHIO Plaintiff-Appellee
v.
EDWARD M. BOSWELL Defendant-Appellant

         Criminal appeal from the Ashland County Court of Common Pleas, Case No. 15-CRI-038

          For Plaintiff-Appellee CHRISTOPHER BALLARD Assistant Prosecuting Attorney

          For Defendant-Appellant MATTHEW MALONE

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J.

          OPINION

          GWIN, P.J.

         {¶1} Appellant appeals the May 25, 2016 judgment entry of the Ashland County Court of Common Pleas.

         Facts & Procedural History

         {¶2} On March 12, 2015, appellant Edward Boswell was indicted on one count of burglary and one count of criminal damaging. Pursuant to a negotiated plea agreement, appellant pled guilty to the count of burglary on April 16, 2015 and the criminal damaging count was dismissed. On June 15, 2015, the trial court sentenced appellant to one hundred and eighty days in jail and four years of community control. Further, the trial court notified appellant at the sentencing hearing and in the sentencing hearing that if he violated his community control, he could serve up to eighteen months in prison.

         {¶3} On December 8, 2015, appellant was charged with violating the conditions of his community control. Specifically, the complaint alleged two counts: (1) failure to report to the Adult Parole Authority within twenty-four hours of his unsuccessful termination from CROSSWAEH and (2) the unsuccessful termination from CROSSWAEH Community Based Correctional Facility. On December 17, 2015, appellant was charged with another community control violation for testing positive for THC.

         {¶4} At an evidentiary hearing held on May 20, 2016, appellant pled guilty to the community control violations contained in the December 8, 2015 complaint. This Court can find no mention in the transcript of the December 17, 2015 complaint nor any mention of the drug screen violation. However, in the judgment entry issued by the trial court May 23, 2016, the trial court stated it determined appellant voluntarily, knowingly, and intelligently entered an admission to the community control violations filed with the court on December 17, 2015.

         {¶5} The trial court held a sanctioning hearing on May 24, 2016, and ordered appellant to serve sixteen months in prison. The judgment entry the trial court issued on May 25, 2016, captioned "Judgment Entry Sanctioning on the December 17, 2015 Community Control Violation" states the case "came on for sanctioning hearing on May 24, 2015, with regard to the community control violation filed on December 17, 2015."

         {¶6} Appellant appeals the judgment entry of the Ashland County Court of Common Pleas and assigns the following as error:

         {¶7} "I. THE TRIAL COURT ERRED BY ISSUING A SANCTION AGAINST DEFENDANT ON A COMMUNITY CONTROL COMPLAINT FOR WHICH HE DID NOT ENTER GUILTY PLEAS AND FAILING TO SANCTION DEFENDANT ON A SEPARATE COMMUNITY ...


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