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State v. Hardy

Court of Appeals of Ohio, Fifth District, Fairfield

December 12, 2017

STATE OF OHIO Plaintiff-Appellee
v.
TRAVIS HARDY Defendant-Appellant

         Criminal Appeal from the Court of Common Pleas, Case No. 2009 CR 231

          For Plaintiff-Appellee R. KYLE WITT PROSECUTING ATTORNEY BRIAN T. WALTZ ASSISTANT PROSECUTOR

          For Defendant-Appellant ALLEN VENDER ASSISTANT PUBLIC DEFENDER

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

          OPINION

          WISE, J.

         {¶1} 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.

         {¶2} 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 part:

         {¶3} "The Court further notified the Defendant that post-release control is mandatory in this case for a period of five (5) years ***."

         {¶4} Sentencing Entry at 2, emphasis in original.

         {¶5} 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:

         {¶6} "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. ***."

         {¶7} Entry Revoking Community Control at 1, March 8, 2013, emphasis in original.[1]

         {¶8} 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 court file).

         {¶9} On December 19, 2016, appellant filed a motion to vacate his post-release control. The State filed a ...


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