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State v. Cox

Court of Appeals of Ohio, Eighth District, Cuyahoga

March 1, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
CHARLES C. COX, IV DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-16-610179-A

          ATTORNEY FOR APPELLANT Allison S. Breneman.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor Owen M. Patton Assistant County Prosecutor Justice Center.

          BEFORE: Boyle, P.J., Blackmon, J., and Keough, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, PRESIDING JUDGE.

         {¶1} 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 sentence.

         {¶2} Finding no merit to his appeal, we affirm.

         I. Procedural History and Factual Background

         {¶3} 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.

         {¶4} 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.

         {¶5} 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 appeals.

         II. Hearing

         {¶6} 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 ...


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