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State v. Hefner

Court of Appeals of Ohio, Third District, Logan

June 18, 2018

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
HARLEY J. HEFNER, DEFENDANT-APPELLANT.

          Appeal from Logan County Common Pleas Court Trial Court No. CR14-10-0228 Judgment Affirmed

          Eric J. Allen for Appellant

          Sarah J. Warren for Appellee

          OPINION

          ZIMMERMAN, J.

         {¶1} Defendant-appellant, Harley Hefner ("Hefner"), brings this appeal from the October 17, 2017 judgment entry of the Logan County Common Pleas Court revoking his community control and sentencing him to a seven-year prison term. For the reasons set forth below, we affirm the judgment of the trial court.

         Facts and Procedural History

         {¶2} On October 14, 2014, Hefner was indicted on six criminal charges in Logan County: Count One, Burglary, in violation of R.C. 2929.11(A)(2), a felony of the second degree; Count Two, Burglary, in violation of R.C. 2929.11(A)(2), a felony of the second degree; Count Three, Burglary, in violation of R.C. 2929.11(A)(2), a felony of the second degree; Count Four, Burglary, in violation of R.C. 2929.11(A)(2), a felony of the second degree; Count Five, Burglary, in violation of R.C. 2929.11(A)(2), a felony of the second degree; and Count Six, Breaking and Entering, a violation of R.C. 2911.13(A), a felony of the fifth degree. (Doc. 2).

         {¶3} Ultimately, Hefner was convicted in the trial court of one count of burglary and one count of breaking and entering. A sentencing hearing was held in the trial court on February 9, 2015 wherein Hefner was sentenced to five years of community control and was ordered to successfully complete a six-month residential program at West Central Community Corrections Facility. Further, in its sentencing entry, the trial court notified Hefner as follows:

"Defendant is notified that any violation of the terms and conditions of community control may result in the Court imposing a longer time under the same sanction, or the Court may impose a more restrictive sanction, or the Court may impose a prison term of Six (6) years for the crime of Burglary and a prison term of One (1) year for the crime of Breaking and Entering for a total of Seven (7) years." (Doc. 34).

Hefner did not appeal this entry.

         {¶4} While on community control, Hefner's probation officer filed several motions to revoke Hefner's community control, including one filed on July 27, 2017. In that motion, Hefner's probation officer alleged that Heffner was in possession of methamphetamines and amphetamines and resisted a lawful arrest by law enforcement, all of which were in violation of the following community control sanctions imposed upon Hefner by the trial court:

"I will obey federal, state and local laws and ordinances, including those related to illegal drug use and registration with authorities. * * *." (Doc. 111, Exhibit A).

         {¶5} The trial court conducted a community control violation hearing on September 5, 2017, at which time Hefner admitted to violating his community control. The trial court then proceeded to sentence Hefner to a prison term of six years for the burglary conviction and one year for the breaking and entering conviction. The trial court ordered the prison terms to be served consecutively, for an aggregate sentence of seven years. (Doc. 120).

         {¶6} Hefner appealed the trial court's sentence, raising the ...


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