Court of Appeals of Ohio, Fifth District, Fairfield
Appeal from the Court of Common Pleas, Case No. 2009 CR 231
Plaintiff-Appellee R. KYLE WITT PROSECUTING ATTORNEY BRIAN T.
WALTZ ASSISTANT PROSECUTOR
Defendant-Appellant ALLEN VENDER ASSISTANT PUBLIC DEFENDER
JUDGES: Hon. W. Scott Gwin, P. J. Hon. John W. Wise, J. Hon.
Craig R. Baldwin, J.
Appellant Travis Hardy appeals from the decisions by the
Court of Common Pleas, Fairfield County, which denied his
post-conviction motion to violate a post-release control
sanction and issued a nunc pro tunc sentencing
entry. Appellee is the State of Ohio. The relevant facts
leading to this appeal are as follows.
Via a judgment entry issued on August 13, 2009, following the
entry of guilty pleas, the Fairfield County Court of Common
Pleas sentenced Appellant Hardy to three years and ten months
in prison for the offenses of attempted illegal use of a
minor in nudity-oriented material (a felony of the third
degree) and importuning (a felony of the fifth degree). The
trial court also ordered that appellant be placed on five
years of community control. The sentencing entry contained
the following post-release control language, in pertinent
"The Court further notified the Defendant that
post-release control is mandatory in this
case for a period of five (5) years ***."
Sentencing Entry at 2, emphasis in original.
On March 26, 2013, the State of Ohio filed a motion to revoke
appellant's community control, alleging three violations.
A hearing was conducted before the trial court on May 6,
2013. At that time, appellant appeared with counsel and
entered an admission to two violations. The trial court
thereupon granted the State's request to revoke community
control. The court also sentenced appellant to three years in
prison on the felony-three count. Furthermore, the revocation
entry contained the following post-release control language,
in pertinent part:
"The Court further notified the Defendant orally and in
writing that post-release control is
optional in this case for a period of
three (3) years, as well as the consequences
for violating conditions of post-release control proposed by
the Parole Board. ***."
Entry Revoking Community Control at 1, March 8, 2013,
emphasis in original.
It appears undisputed that appellant completed his 2013
prison sentence and was released on February 25, 2016. He was
placed on post-release control for five years at that time.
See Appellant's Exhibit C (Ohio Department of
Rehabilitation and Correction printout, provided in trial
On December 19, 2016, appellant filed a motion to vacate his
post-release control. The State filed a ...