Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Edwards

Court of Appeals of Ohio, Eleventh District, Geauga

June 25, 2018

STATE OF OHIO, Plaintiff-Appellee,
v.
BRANDEN S. EDWARDS, Defendant-Appellant.

          Criminal Appeal from the Geauga County Court of Common Pleas. Case No. 2016 C 000172.

          James 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).

          Dennis Day Lager, 1025 Chapel Ridge Street, N.E., Canton, OH 44714 (For Defendant-Appellant).

          OPINION

          TIMOTHY P. CANNON, J.

         {¶1} 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.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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 sanctions.
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 Alternative Program.
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.

         The 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.

         {¶5} Appellant noticed a timely appeal from the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.