Court No. 2014-CR-509
A. Klimkowsky, for appellant.
DECISION AND JUDGMENT
1} Appellant, Eric Reed, appeals the July 12, 2017
judgment of the Erie County Court of Common Pleas revoking
his community control and imposing a five-year sentence for
participating in a criminal gang in violation of R.C.
2923.42(A), a felony of the second degree.
2} On December 18, 2014, appellant was indicted on
three counts: participating in a criminal gang in violation
of R.C. 2923.42(C); aggravated rioting in violation of R.C.
2917.02(A)(2); and assault in violation of R.C. 2903.13(A).
3} On July 14, 2015, appellant entered a guilty plea
to the participating in a criminal gang charge. The remaining
counts were dismissed, and the prosecution recommended
community control sanctions.
4} On August 25, 2015, a sentencing hearing was held
and appellant was sentenced to five years community control.
The September 8, 2015 sentencing entry states:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by this Court
that the defendant having been found guilty as to Count No.
1, for the offense of PARTICIPATING IN A CRIMINAL GANG, a
second degree felony in violation of §2923.42(A) of the
Ohio Revised Code- with a Presumption of Prison, shall be
sentenced to community sanctions for a period of five (5)
years beginning August 25, 2015; further, harsher sanctions,
including a prison term of five (5) years, would be imposed
if defendant does not comply with community sanctions.
5} Appellant did not timely appeal that judgment.
Appellant was to comply with certain conditions while on
community control, including to "obey federal, state and
local laws and ordinances[.]" Appellant was alleged to
have violated this condition because he committed aggravated
burglary, burglary, or assault, in November 2016, as charged
in Erie County C.P. case No. 2017-CR-0012.
6} The trial court found probable cause existed, and
a hearing was scheduled for January 6, 2017. The hearing was
continued numerous times and was held on July 7, 2017.
Appellant admitted, and the trial court found, that he
violated his conditions. On July 10, 2017, the trial court
revoked appellant's community control.
7} Appellant was sentenced to five years
incarceration, and was given 316 days credit for time served
as of July 10, 2017. The judgment was journalized July 12,
2017, and appellant now appeals.