Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cleveland Municipal Court Case No.
2016 CRD 021235
ATTORNEYS FOR APPELLANT Mark A. Stanton Cuyahoga County
Public Defender By: Cullen Sweeney Assistant Cuyahoga County
ATTORNEY FOR APPELLEE Barbara A. Langhenry Director of Law
City of Cleveland - Law Department
BEFORE: Blackmon, J., Kilbane, P.J., and S. Gallagher, J.
JOURNAL ENTRY AND OPINION
PATRICIA ANN BLACKMON, JUDGE.
Defendant-appellant Joshua Oke ("Oke"), appeals
from the second of two sentences imposed for drug possession,
following his termination from the Cleveland Municipal
Court's drug court program. Oke assigns the following
error for our review:
The trial court violated [Oke's] constitutional
protection against being placed in double jeopardy when it
imposed multiple punishments for the same offense.
Having reviewed the record and pertinent law, we vacate the
second sentence and order Oke discharged, in light of his
completion of the court's original sentence. The apposite
In 2016, Oke was charged with first-degree misdemeanor drug
abuse in East Cleveland, and the matter was referred to the
Cleveland Municipal Court's drug court on November 9,
2016. At the time of his acceptance into the
program, he was at the Northcoast Behavioral Healthcare
Center, awaiting residential placement. The court provided
Oke with the rules for participating in the program,
including that Oke would be subjected to drug testing and
monitoring for at least a year, and that he could be
terminated from the program for noncompliance or withdraw
Oke participated in the drug court program for eight months.
In June 2017, Oke informed the court that he had smoked crack
and the court ordered him to spend two days in jail. Oke
tested positive for marijuana on August 28, 2017, and
September 7, 2017. On September
2017, the court terminated Oke from the drug court program,
and sentenced him to ten days in jail. The court noted that
"ten days is a gift because I could be giving you six
months * * * ten days then you can go on about your
business." The court's journal entry indicates that
incarceration would end on September 23, 2017, and the matter
was returned to the East Cleveland Municipal Court.
One week later, the court held an additional hearing.
Oke's counsel questioned whether jurisdiction had vested
in the East Cleveland Municipal Court in light of Oke's
termination from drug court, and the court replied:
you can go to East Cleveland where they don't have heat,
air or water sometimes, electricity or you can stay here. * *
* So it's a technicality, but if you want to ride on that
technicality, you can ride it all the way to East Cleveland
The court then imposed a second sentence of 150 days of
incarceration. Oke filed a motion for bond, but the trial
court sua sponte converted it to a motion to "mitigate
sentence," and denied it, then ordered an additional
hearing one week later to "revisit" the issue of
mitigation of sentence. This court granted an appellate bond
on October 23, 2017, or ...