Court of Appeals of Ohio, Fifth District, Muskingum
from the Muskingum County Court of Common Pleas, Case No.
Plaintiff-Appellee D. MICHAEL HADDOX Prosecuting Attorney
GERALD V. ANDERSON II Assistant Prosecuting Attorney
Defendant-Appellant ERIC J. ALLEN The Law Office of Eric J.
JUDGES: Hon. John W. Wise, P.J. Hon. William B. Hoffman, J.
Hon. Craig R. Baldwin, J.
Defendant-appellant Steven Dunwoody appeals his sentence
issued by the Muskingum County Court of Common Pleas on July
31, 2017. Plaintiff-appellee is the State of Ohio.
OF THE FACTS AND CASE
On June 19, 2017, a Bill of Information was filed with the
Muskingum County Court charging appellant with one count of
failure to register as a sexual offender (address change) in
violation of R.C. 2950.05(A), a felony of the third degree.
On the same date, a typewritten "Waiver, and Plea of
Guilty to Prosecutor's Bill of Information" was
filed. The trial court, at appellant's arraignment on
June 19, 2017, found appellant guilty. As memorialized in an
Entry filed on August 2, 2017, appellant, on July 31, 2017,
was sentenced to two years in prison. The trial court, in its
Entry, found that appellant was "on post-release control
at the time of the commission of the offenses herein in Case
No. CR2015-0056" and, pursuant to R.C. 2929.141,
terminated appellant's period of post-release control and
ordered that appellant "serve the remainder of his post
relief control; said sentence shall be served mandatory
consecutive to the sentence imposed herein." Finally,
the court, in its Entry, stated that it notified appellant as
to the consequences of violating post-release control in the
Appellant now raises the following assignment of error on
I. THE TRIAL COURT ERRED WHEN IT FAILED TO NOTIFY THE
APPELLANT AT SENTENCING THE AMOUNT OF TIME HE WOULD BE
REQUIRED TO SERVE FOR THE TERMINATION OF HIS POST-RELEASE
Appellant argues that the trial court erred in failing to
specify at sentencing the length of his sanction for
violation post-release control. The State argues in rebuttal
that the term will be calculated by the Adult Parole
R.C. 2929.141(A)(1) provides for the termination of
post-release control upon commission of a new felony as
(A) Upon the conviction of or plea of guilty to a felony by a
person on post-release control at the time of the commission
of the felony, the court may terminate the term of
post-release control, and the court may do either of the
following regardless of whether the sentencing court or
another court of ...