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State v. Chambliss

Court of Appeals of Ohio, Seventh District, Belmont

March 28, 2018

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
CHEVEZ CHAMANUEL CHAMBLISS, DEFENDANT-APPELLANT.

          Criminal Appeal from the Court of Common Pleas of Belmont County, Ohio Case No. 14 CR 255

          For Plaintiff-Appellee: Atty. Daniel P. Fry Belmont County Prosecutor Atty. J. Kevin Flanagan

          For Defendant-Appellant: Andrew R. Zellers Richard G. Zellers & Associates

          Hon. Carol Ann Robb, Hon. Gene Donofrio, Hon. Cheryl L. Waite

          OPINION

          ROBB, P.J.

         {¶1} Defendant-Appellant Chevez Chambliss appeals Belmont County Common Pleas Court's decision to revoke community control and impose an 18 month prison sentence for his burglary conviction. Appointed counsel filed an Anders brief and moved to withdraw. After an independent review of the case, the conviction is affirmed and the motion to withdraw is granted.

         Statement of the Case

         {¶2} In early October 2015, a complaint was filed against Appellant in Belmont County Court, Northern Division for attempted burglary in violation of R.C. 2923.02 and R.C. 2911.12(B), a fifth-degree felony. In late October 2015, the case was bound over to the Belmont County Grand Jury. 10/20/15 J.E.

         {¶3} A Bill of Information charging Appellant with burglary in violation of R.C. 3911.12(B), a fourth-degree felony was filed on November 17, 2015. In December 2015 a plea hearing occurred. The parties agreed Appellant met the requirements for R.C. 2951.041 treatment in lieu of conviction. Appellant entered a guilty plea to the crime, which was accepted after a plea colloquy advising Appellant of the constitutional and nonconstitutional rights he was waiving by entering a guilty plea. 12/2/15 J.E.; 11/30/15 Tr. 4-9. The trial court then ordered treatment in lieu of conviction. 12/2/15 J.E. Status checks on Appellant's compliance occurred through early 2016; Appellant remained compliant or partially complaint with the requirements for drug court. 12/22/15 J.E.; 1/5/16 J.E.; 1/21/16 J.E.; 2/2/16 J.E.; 2/17/16 J.E; 3/1/16 J.E.; 3/16/16 J.E.; 4/12/16 J.E.; 4/25/16 J.E. However, on May 18, 2016 the state filed a motion to terminate treatment in lieu of conviction. The state contended on February 24, 2016 Appellant sold or offered to sell a controlled substance to a confidential informant. 5/15/16 Motion. Appellant was advised of the allegation and a hearing was set.

         {¶4} At the hearing on the motion to terminate treatment in lieu of conviction, Appellant chose to voluntarily terminate drug treatment. 6/7/16 J.E. The trial court set the matter for sentencing on the original burglary charge. 6/7/16 J.E.

         {¶5} The trial court sentenced Appellant to 3 years of community control sanctions. He received 6 months in Belmont County Jail followed by 6 months at Eastern Ohio Correction Center (EOCC) followed by 12 months of probation at a high level of supervision, followed by 12 months of probation at a regular supervision level. 6/30/16 J.E. The trial court indicated a term of incarceration for a violation of the sentencing order or any terms of community control was 18 months in the penitentiary, less time served in jail and/or EOCC. 6/30/16 J.E.

         {¶6} Appellant served both the jail term and EOCC term. 11/23/16 J.E. On the date of his release from EOCC, November 22, 2016, a hearing was held for purposes of review. The trial court reviewed the remaining provisions of Appellant's community control sentence and once again stated a term of incarceration for a violation of the sentencing order or community control was 18 months in the penitentiary less days served in jail and EOCC. 11/23/16 J.E.

         {¶7} Less than one month following his release from EOCC, the state filed a motion to revoke community control. 12/12/16 Motion. The motion alleged three violations of community control sanctions. First, Appellant submitted to a drug screen on December 7, 2016, that tested positive for amphetamines. Second, Appellant violated his curfew on December 8, 2016. Third, a theft complaint was filed against Appellant on December 8, 2016 and was being investigated. 12/12/16 Motion.

         {¶8} The first stage hearing to revoke community control was held on February 6, 2017. The second stage hearing was held on February 21, 2017. The state withdrew the third violation and proceeded on the first two violations. After hearing testimony from the probation officer and considering the entire record, the trial court found Appellant violated the terms of his community control. 2/21/17 Tr. 26-27; 2/2217 J.E. The trial court sentenced Appellant to 18 months and ...


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