Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEY FOR APPELLANT Allison S. Breneman.
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor Owen M. Patton Assistant County Prosecutor
BEFORE: Boyle, P.J., Blackmon, J., and Keough, J.
JOURNAL ENTRY AND OPINION
J. BOYLE, PRESIDING JUDGE.
Defendant-appellant, Charles C. Cox, IV, appeals from the
trial court's judgment finding that he violated the terms
of his community control sanctions and sentencing him to
prison. He raises one assignment of error for our review:
The trial court erred when determining that appellant
violated the terms of his probation and imposed a prison
Finding no merit to his appeal, we affirm.
Procedural History and Factual Background
In October 2016, Cox was indicted for failure to provide
notice of change of address in violation of R.C.
2950.05(F)(1), a felony of the fourth degree. Cox was
required to report any change of address to the Cuyahoga
County sheriff because he was classified a Tier I sex
offender in April 2015 after he was convicted of unlawful
sexual conduct with a minor. Cox pleaded guilty in March
2017, to failure to provide notice of change of address. The
trial court sentenced Cox to one year of community control
sanctions and advised him that if he violated the terms of
his sanctions, it may sentence him to a more restrictive
sanction or a prison term of 17 months.
On May 10, 2017, Cox's probation officer informed the
court that Cox failed to report for supervision. The court
issued a capias for Cox's arrest. Cox was subsequently
arrested on May 23, 2017.
Cox challenged probable cause for the alleged violation. The
trial court held a hearing on the matter in June 2017, after
which the trial court found that Cox violated the terms of
his community control sanctions. The trial court revoked his
community control sanctions and sentenced him to 17 months in
prison. The trial court further notified Cox that upon his
release from prison, he may be subject to three years of
postrelease control. It is from this judgment that Cox now
Lakisha Sharp, Cox's probation officer, testified that
after Cox was sentenced to community control supervision, his
case was transferred to the Mental Health and Developmental
Disabilities Unit by ...