Court of Appeals of Ohio, Fifth District, Muskingum
from the Muskingum County Court of Common Pleas, Case No.
Plaintiff-Appellee D. MICHAEL HADDOX Prosecuting Attorney By:
GERALD V. ANDERSON II Assistant Prosecuting Attorney
Defendant-Appellant ERIC J. ALLEN
W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Earle E.
Wise, Jr., J.
Appellant Jessie L. Clark appeals the judgment entered by the
Muskingum County Common Pleas Court convicting him of
receiving stolen property (R.C. 2913.51(A)) and attempt to
have a weapon while under disability (R.C. 2923.02(A) and
R.C. 2923.13(A)(3)), both felonies of the fourth degree, and
revoking his post-release control in a separate case.
Appellee is the state of Ohio.
OF THE FACTS AND CASE
On October 28, 2016, Appellant offered to take a gun and sell
it for another person, knowing the gun was stolen. Appellant
had a prior conviction for trafficking in drugs, a felony of
the fourth degree, which resulted in him being placed under
disability from owning or possessing a firearm.
Appellant was indicted on one count of receiving stolen
property and one count of attempt to have a weapon under
disability by the Muskingum County grand jury on January 4,
2017. He entered a guilty plea to both charges and was
sentenced to eighteen months incarceration on each
conviction, to be served concurrently.
At the time of the commission of the offenses, Appellant was
on post-release control from Muskingum County Case No.
CR2015-0423. During the plea and sentencing hearing, the
trial court stated:
The Court is going to terminate your PRC. The reason being,
they do the administrative to make it look like you did not
commit a new offense because you went in on a rule violation.
You did commit a new offense while on post-release control.
Statistically they're trying to make themselves look
better, and they use that against other departments who
don't do that type of thing in regards to funding.
It's not right.
Therefore, the Court is terminating your post-release control
and ordering that the time you have left on it be imposed.
You got the credit of the six months that you would have
gotten towards this sentence; therefore, it's the same
amount of time one way or the other, but I am terminating and
imposing what you have left, which would be to whatever it is
in May. Tr. 15-16.
With regards to revocation of post-release control and the
accompanying sanction, the sentencing entry recites:
The Court further finds that the Defendant was on post
release control at the time of the commission of the offenses
herein in the Muskingum County, Ohio, Court of Common Pleas,
Case No. CR2015-0243. Pursuant to ORC §2929.141, this
Court terminates the Defendant's period of post release
control and hereby ORDERS that the Defendant serve the
remainder of his post release control; said sentence shall ...