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State v. Reed

Court of Appeals of Ohio, Sixth District, Erie

May 11, 2018

State of Ohio Appellee
v.
Eric Reed Appellant

          Trial Court No. 2014-CR-509

          Brett A. Klimkowsky, for appellant.

          DECISION AND JUDGMENT

          SINGER, J.

         Introduction

         {¶ 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.

         Background

         {¶ 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.

         Anders ...


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