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State v. Masters

Court of Appeals of Ohio, Eighth District, Cuyahoga

September 7, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
TODD MASTERS, II DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-14-590723-A

          ATTORNEY FOR APPELLANT Thomas A. Rein

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor

          BEFORE: Laster Mays, J., E.A. Gallagher, P.J., and Stewart, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, JUDGE.

         {¶1} Defendant-appellant, Todd Masters, II ("Masters"), appeals the trial court's decision to impose court costs, and asks this court to vacate the trial court's decision and waive court costs. We affirm.

         {¶2} Before this instant appeal, Masters previously appealed, in State v. Masters, 8th Dist. Cuyahoga No. 103022, 2016-Ohio-7391 ("Masters I "), his prison sentence. Masters pleaded guilty to felonious assault, a second-degree felony in violation of R.C. 2903.11(A)(1) with a one-year firearm specification; and possessing a firearm in a liquor permit premises, a fifth-degree felony, in violation of R.C. 2923.121(A). The trial court imposed a four-year prison sentence, which included three years for the felonious assault charge to be served after the mandatory one-year firearm specification.

At sentencing, the court imposed a three-year sentence on the felonious assault charge, which was to be served after the mandatory one-year for the firearm specification. For the possession of a firearm in a liquor permit premises, the court ordered that Masters be placed on community control sanctions for three years, with the first six-months to be served in a community-based correctional facility ("CBCF"). The court ordered that Masters's prison term and community control term be served consecutively.

Id. at ¶ 3.

         {¶3} Masters appealed the trial court's decision, and this court ruled in Masters I that

[T]he court's decision ordering Masters to serve a three-year term of community control sanctions, including the first six months at a CBCF for the firearm possession charge, consecutive to the three-year prison sentence on the felonious assault charge was contrary to law. Recently, this court reviewed this precise situation en banc - whether a term of community control sanctions on one offense can be imposed and ordered to be served consecutively to a prison term on separate offenses.

Id. at ¶ 10, citing State v. Anderson, 2016-Ohio-7044, 62 N.E.3d 229 (8th Dist).

         {¶4} In Masters I, this court remanded Masters's case to the trial court for resentencing. At resentencing, the trial court stated,

COURT: With regard to Count 2, and for the reasons stated in the original record, I'm going to impose the same sentence; a one-year firearm specification to be served prior to and consecutive with the underlying crime of felonious assault. And a felonious assault, the time range in prison, there's [a] presumption of prison of two years to eight years. I'm going to again impose the three years that I imposed at the first sentence for a total of four years.
There is a [postrelease [c]ontrol obligation that's mandatory, three-year time period. Upon release from prison, Mr. Masters, you must serve that three years mandatory [p]ostrelease [c]ontrol, and I'll speak to that in a minute.
As to Count 4, the possessing firearm in a liquor permit premises, felony of the fifth degree, I'm going to sentence him to 12 months in prison and to run that concurrent with the Count 2. That also has three years [p]ostrelease ...

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