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State v. Stokes

Court of Appeals of Ohio, Sixth District, Sandusky

May 4, 2018

State of Ohio Appellee
v.
Guedel Stokes Appellant

          Trial Court No. 16CR335

          Timothy Braun, Sandusky County Prosecuting Attorney, Mark E. Mulligan and Kenneth C. Walz, Assistant Prosecuting Attorneys, for appellee.

          Russell V. Leffler, for appellant.

          DECISION AND JUDGMENT

          OSOWIK, J.

         {¶ 1} This is an appeal from an August 8, 2017 judgment of the Sandusky County Court of Common Pleas, sentencing appellant to serve a previously suspended two-year term of incarceration upon appellant's conviction for menacing, in violation of the terms of appellant's probation following appellant's December 1, 2016 conviction on one count of failure to comply, in violation of R.C. 2921.331(B), a felony of the third degree.

         {¶ 2} For the reasons set forth below, this court reverses the judgment of the trial court and remands the matter to the trial court for appellant to be resentenced in conformity with this decision.

         {¶ 3} Appellant, Guedel Stokes, sets forth the following assignment of error:

I. THE DEFENDANT/APPELLANT WAS NOT PROVIDED THE RIGHT TO ALLOCUTION AT THE VIOLATION OF COMMUNITY CONTROL HEARING AND IS ENTITLED TO A NEW REVOCATION HEARING WHERE HE CAN EXERCISE THE RIGHT TO ALLOCUTION.

         {¶ 4} The following undisputed facts are relevant to this appeal. On April 7, 2016, the Green Springs, Ohio Police Department was contacted by the local Dollar General store regarding a repeat shoplifter returning to the store and committing additional acts of theft from the store.

         {¶ 5} Upon the arrival at the scene of the local police, appellant fled in his motor vehicle at a high rate of speed. Appellant led police on an ensuing high-speed chase at rates of speed reaching 115 m.p.h. during which appellant ignored traffic control devices, drove in the wrong direction against oncoming traffic, nearly forced another motorist off the road, and struck a parked car. Approximately a dozen items stolen from Dollar General were recovered from appellant's vehicle.

         {¶ 6} Following these events, appellant was charged with one count of failure to comply, in violation of R.C. 2921.331(B), a felony of the third degree, and one count of petty theft, in violation of R.C. 2913.02(A), a misdemeanor of the first degree.

         {¶ 7} On December 1, 2016, pursuant to a voluntary plea agreement reached between appellee and counsel for appellant, appellant pled guilty to the count of failure to comply in exchange for dismissal of the pending theft and traffic offenses. A presentence investigation was ordered.

         {¶ 8} On February 14, 2017, appellant was sentenced to a suspended two-year term of incarceration and probation.

         {¶ 9} On August 1, 2017, while on active probation, appellant was charged with one count of domestic violence, in violation of R.C. 2919.25(A), and subsequently convicted of the amended, lesser offense of domestic menacing. Appellant conceded ...


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