Court of Appeals of Ohio, Fifth District, Licking
Criminal Appeal from the Court of Common Pleas, Case No. 12
Plaintiff-Appellee CLIFFORD J. MURPHY ASSISTANT PROSECUTOR
Defendant-Appellant DONTAE L. BALL, PRO SE
JUDGES: Hon. John W. Wise, P. J. Hon. William B. Hoffman, J.
Hon. Earle E. Wise, Jr., J.
JOHN, P. JUDGE.
Defendant-Appellant Dontae Ball, aka Donte Ball, appeals the
decision of the Licking County Court of Common Pleas, which
denied his motion to correct his sentence. Appellee is the
State of Ohio. The relevant facts leading to this appeal are
On or about October 21, 1999, Appellant Ball was sentenced
inter alia to a thirteen-year prison term for
aggravated robbery in the Franklin County Common Pleas Court,
under case number 98 CR 2038. The sentence included a
consecutive three-year weapons specification. The court's
sentencing language in 98 CR 2038 related to postrelease
control stated in pertinent part: "After imposition of
sentence the Court notified the Defendant orally and in
writing .... [of] the applicable periods of post-release
control ... ."
On direct appeal to the Tenth District Court of Appeals,
appellant's conviction and sentence were affirmed.
See State v. Ball, 10 Dist. Franklin No. 99-AP-1288,
2000 WL 1357928 ("Ball I").
Appellant was released from prison on December 24, 2011, and
he was placed on five years of post-release control.
On October 19, 2012, appellant was indicted by the Licking
County Grand Jury (case number 12-CR-00554) on three counts
of felony trafficking in drugs, one count of felony
possession of drugs and a misdemeanor offense of possession
of drug paraphernalia. Forfeiture specifications accompanied
the felony counts.
On February 11, 2013, appellant filed a pleading in the
Licking County Court of Common Pleas captioned as a
"motion to dismiss post-release control sanctions."
That pleading acknowledged that upon his release from prison
on December 24, 2011, the Adult Parole Authority had placed
him on post-release control that included "several
restraints on [his] freedom." On February 13, 2013,
appellant filed a supplement to his motion that included a
certified copy of his sentencing entry in the Franklin County
Appellant appeared before the Licking County Court of Common
Pleas on February 26, 2013, under case number 12-CR-00554,
and entered pleas of guilty to the charges and specifications
contained in the indictment. The court imposed an aggregate
sentence of six and one-half years in prison, including four
years of imprisonment imposed as a collateral sanction for
his violation of post-release control from the aforesaid
Franklin County case.
Appellant then filed a direct appeal to this Court. See
State v. Ball, 5th Dist. Licking No. 13-CA-17,
2013-Ohio-3443 ("Ball II"). In his first
assigned error therein, he contended that the imposition of a
prison sentence in the case sub judice for violating
his Franklin County post-release control was erroneous,
arguing that the part of his Franklin County sentence that
imposed post-release control was void because the Franklin
County Court of Common Pleas had failed to adequately notify
him of post release control in its 1999 judgment entry of
sentencing. We rejected this argument, concluding that
"*** the language in Ball's 1999 sentencing entry,
combined with the presumption of regularity with which we
must accord the oral notification at Ball's sentencing
hearing, was sufficient to give appellant notice of the post
release control sanction." Ball II at ¶
25. However, we then sustained appellant's second
assigned error, which challenged the length of the sentence
for his PRC violation, and we directed the trial court to
"*** reduce the sentence imposed for Ball's
violation of post release control in accordance with R.C.
2929.191(A)(1)." Id. at ¶ 31.
Following our remand, the Licking County Court of Common
Pleas (hereinafter "trial court") resentenced
appellant via a judgment entry issued on October 24, 2014 to
two years and sixty-one days for violating his PRC sanction
from Franklin County, consecutive to his aforementioned
prison terms for ...