Court of Appeals of Ohio, Sixth District, Sandusky
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
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
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