OF PROCEEDING: Appeal from the Court of Common Pleas, Case
Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney,
KRISTINE BEARD Assistant Prosecuting Attorney
Defendant-Appellant THEODIS MONTGOMERY, JR., Pro Se.
William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. Earle E.
Wise, Jr., J.
1} Plaintiff-Appellant, Theodis Montgomery, Jr., appeals the
January 25, 2017 judgment entry of the Court of Common Pleas
of Stark County, Ohio, denying his motion to vacate
post-release control. Defendant-Appellee is the state of
AND PROCEDURAL HISTORY
2} On July 28, 2010, appellant pled guilty to one count of
kidnapping in violation of R.C. 2905.01, one count of
domestic violence in violation of R.C. 2919.25, and one count
of violating a protection order in violation of R.C. 2919.27.
By judgment entry filed August 3, 2010, the trial court
sentenced appellant to an aggregate term of four years in
prison and imposed post-release control.
3} On December 29, 2016, appellant filed a motion to vacate
post-release control. By judgment entry filed January 25,
2017, the trial court denied the motion.
4} Appellant filed an appeal and this matter is now before
this court for consideration. Assignment of error is as
5} "APPELLANT CONTENDS THE TRIAL COURT COMMITTED ERROR
BY IMPROPERLY NOTIFYING HIM OF SAID PRC SANCTIONS,
SPECIFICALLY 'FAILING TO NOTIFY A DEFENDANT OF THE
CONSECUTIVE PRISON TERM HE COULD FACE IF HE WOULD COMMIT
ANOTHER FELONY WHILE BEING ON PRC.' THUS RENDERING HIS
PRC SANCTION VOID FOR FAILURE TO FULLY NOTIFY HIM OF THE
CONSEQUENCES SET FORTH IN R.C. 2929.141."
6} Preliminarily, we note this case is before this court on
the accelerated calendar which is governed by App.R. 11.1.
Subsection (E), determination and judgment on appeal,
provides in pertinent part: "The appeal will be
determined as provided by App.R. 11.1. It shall be sufficient
compliance with App.R. 12(A) for the statement of the reason
for the court's decision as to each error to be in brief
and conclusionary form."
7} One of the important purposes of the accelerated calendar
is to enable an appellate court to render a brief and
conclusory decision more quickly than in a case on the
regular calendar where the briefs, facts, and legal issues
are more complicated. Crawford v. ...