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State v. Brown

Court of Appeals of Ohio, Fifth District, Richland

December 11, 2017

STATE OF OHIO Plaintiff-Appellee
v.
DAVID MICHAEL BROWN Defendant-Appellant

         Criminal appeal from the Richland County Court of Common Pleas, Case No. 2017CR0269

          GARY BISHOP Richland County Prosecuting Attorney

          For Defendant-Appellant DAVID M. WATSON

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

          OPINION

          GWIN, P.J.

         {¶1} Appellant David Michael Brown appeals the May 16, 2017 sentencing entry of the Richland County Court of Common Pleas.

         Facts and Procedural History

         {¶2} On May 9, 2017, Brown pled guilty to one count of Having Weapons While Under Disability, in violation of R.C. 2923.13(A)(3), which was filed by information. Brown and the state agreed to a nine-month prison sentence, consecutive to his postrelease control (PRC) time.

         {¶3} The trial court sentenced Brown to nine months prison consecutive the imposition of 487 days post release control time.

         Assignment of Error

         {¶4} Brown raises one assignment of error, {¶5} "I. THE TRIAL COURT ERRED BY IMPOSING 487 DAYS OF POST RELEASE CONTROL TIME."

         Law and Analysis

         {¶6} Brown claims that the trial court in Richland County Court of Common Pleas, Case No. 2002 CR 497 and 2002 CR 573 failed to properly notify Brown that as a part of his sentence he would be subject to a mandatory five years of post-release control upon release from prison. Brown contends that after serving less than nine years in prison, the trial court granted him judicial release during which Brown violated the terms and conditions of probation. Brown argues that a trial court's failure to correctly impose postrelease control before a defendant completes his sentence renders the parole board's authority to impose post-release control a nullity.

         {¶7} In State v. Grimes, the ...


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