Court of Appeals of Ohio, Eighth District, Cuyahoga
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
BEFORE: E.T. Gallagher, J., E.A. Gallagher, A.J., and Boyle,
JOURNAL ENTRY AND OPINION
T. GALLAGHER, J.
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
After careful review of the record and relevant case law, we
vacate Brown's sentence and remand for further
proceedings consistent with this opinion.
Procedural and Factual History
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.
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
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.
Brown now appeals from his ...