Court of Appeals of Ohio, Eleventh District, Geauga
Criminal Appeal from the Geauga County Court of Common Pleas.
Case No. 2016 C 000172.
R. Flaiz, Geauga County Prosecutor, and Nicholas A. Burling,
Assistant Prosecuting Attorney, Courthouse Annex, 231 Main
Street, Suite 3A, Chardon, OH 44024 (For Plaintiff-Appellee).
Day Lager, 1025 Chapel Ridge Street, N.E., Canton, OH 44714
TIMOTHY P. CANNON, J.
Appellant, Branden S. Edwards, appeals from the May 15, 2017
judgment of conviction of the Geauga County Court of Common
Pleas. For the following reasons, the trial court's
judgment is affirmed in part and vacated in part.
On November 8, 2016, appellant was indicted by the Geauga
County Grand Jury on the following charges: Count 1, Domestic
Violence, a fifth-degree felony, in violation of R.C.
2919.25(A) and (D)(5); Count 2, Possession of Heroin, a
fourth-degree felony, in violation of R.C. 2925.11(A) and
(C)(6)(b); Count 3, Possession of Cocaine, a fifth-degree
felony, in violation of R.C. 2925.11 (A) and (C)(4)(a); and
Count 4, Obstructing Official Business, a fifth-degree
felony, in violation of R.C. 2921.31 (A). Appellant entered a
plea of not guilty to the charges in the indictment.
Pursuant to a plea agreement with appellee, the state of
Ohio, appellant later pleaded guilty to an amended Count 1,
to wit: Attempted Aggravated Assault, a fifth-degree felony
in violation of R.C. 2903.12(A)(1) and R.C. 2923.02(A); a
lesser-included offense of Count 2, to wit: Possession of
Heroin, a fifth-degree felony in violation of R.C. 2925.11(A)
and (C)(6)(a); and Count 4 (Obstructing Official Business).
Count 3 (Possession of Cocaine) was dismissed.
On April 25, 2017, the trial court sentenced appellant to a
prison term of 12 months on amended Count 1, to run
consecutively to appellant's sentence in case No. 2016 C
000029. The trial court also informed appellant he may be
subject to up to three years of post-release control on that
count after his release from prison. Regarding Count 2 and
Count 4, the trial court's sentencing entry states:
For Possession of Heroin * * * and [f]or Obstructing Official
Business ** * a total of three (3) years community control
One hundred eighty (180) days residential community control
in the Geauga County Safety Center and up to one hundred
eighty (180) days in NEOCAP.
Upon notification by NEOCAP of bed availability, defendant
shall be transported to said facility. Defendant shall enter
and successfully complete the NorthEast Ohio Community
Upon defendant's completion of NEOCAP, the defendant
shall serve the balance of one hundred eighty (180) days
residential community control at the Geauga Safety Center.
balance of the three years of community control was to be
non-residential. The trial court also reserved a prison term
of 12 months each for Count 2 and Count 4 to be imposed for
any violation of the community control sanctions. The trial
court entered its judgment of conviction on May 15, 2017.
Appellant noticed a timely appeal from the ...