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State v. Brown

Court of Appeals of Ohio, Eighth District, Cuyahoga

January 11, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
DEMETRIUS BROWN DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-13-581262-A, CR-12-568782-A, CR-12-568784-A, CR-12-568786-A, and CR-12-568930-A

          ATTORNEY FOR APPELLANT Rachel A. Kopec

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY Gregory J. Ochocki Assistant Prosecuting Attorney

          BEFORE: E.T. Gallagher, J., E.A. Gallagher, A.J., and Boyle, J.

          JOURNAL ENTRY AND OPINION

          EILEEN T. GALLAGHER, J.

         {¶1} Defendant-appellant, Demetrius Brown ("Brown"), appeals from the 30-month prison sentence he received in the Cuyahoga County Court of Common Pleas for violating the conditions of his community control. He raises the following assignments of error for review:

1. The trial court erred when it sentenced appellant to prison without properly advising him of how much of the prison sentence would be imposed if he violated probation.
2. Even if the trial court was proper in holding that appellant violated his community control sanctions, the trial court erred when it sentenced appellant to consecutive prison terms.

         {¶2} After careful review of the record and relevant case law, we vacate Brown's sentence and remand for further proceedings consistent with this opinion.

         I. Procedural and Factual History

         {¶3} In March 2014, Brown pleaded guilty in Cuyahoga C.P. Nos. CR-12-568782-A, CR-12-568784-A, CR-12-568786-A, and CR-12-568930-A to a total of nine counts of criminal nonsupport in violation of R.C. 2919.21(B), felonies of the fifth degree. In Cuyahoga C.P. No. CR-13-581262-A, Brown pleaded guilty to a single count of theft in violation of R.C. 2913.02(A)(3), a felony of the fifth degree.

         {¶4} In April 2014, the trial court held a joint sentencing hearing in Cuyahoga C.P. Nos. CR-12-568782-A, CR-12-568784-A, CR-12-568786-A, CR-12-568930-A, and CR-13-581262-A. Following an extensive discussion on the record, the trial court imposed six-month prison terms in each case, to run consecutively to each other, for an aggregate 30-month prison term. The trial court suspended Brown's prison sentence and placed him on a five-year period of community control sanctions.

         {¶5} In October 2016, Brown was found to have violated the terms and conditions of his community control sanctions. As a result, the trial court ordered Brown to serve the aggregate 30-month prison term, with credit for time served.

         {¶6} Brown now appeals from his ...


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