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State v. Ball

Court of Appeals of Ohio, Fifth District, Licking

May 21, 2018

STATE OF OHIO Plaintiff-Appellee
v.
DONTAE L. BALL Defendant-Appellant

          Criminal Appeal from the Court of Common Pleas, Case No. 12 CR 00554

          For Plaintiff-Appellee CLIFFORD J. MURPHY ASSISTANT PROSECUTOR

          For 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.

          OPINION

          WISE, JOHN, P. JUDGE.

         {¶1} 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 as follows.

         {¶2} 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 ... ."

         {¶3} 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").

         {¶4} Appellant was released from prison on December 24, 2011, and he was placed on five years of post-release control.

         {¶5} 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.

         {¶6} 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 case.

         {¶7} 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.

         {¶8} 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.

         {¶9} 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 ...


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