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State v. Wolfe

Court of Appeals of Ohio, Fifth District, Licking

June 7, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DAVID A. WOLFE Defendant-Appellant

          Criminal appeal from the Licking County Court of Common Pleas, Case No. 17 CR 00491

          WILLIAM HAYES BY:PAULA SAWYERS

          For Defendant-Appellant NICHOLAS FAGNANO Burkett & Sanderson, Inc.

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J Hon. Patricia A. Delaney, J.

          OPINION

          Gwin, P.J.

         {¶1} Appellant David A. Wolfe ["Wolfe"] appeals the decision of the Court of Common Pleas, Licking County, which sentenced him for community control violations.

         Facts and Procedural History

         {¶2} On November 21, 2017, Wolfe pled guilty to three counts of Receiving Stolen Property, felonies of the fifth degree. Wolfe was sentenced to three years of Community Control sanctions. The trial court reserved a prison term of twelve months on each count in the event Wolfe was to violate the terms and conditions of his Community Control.[1]

         {¶3} On March 15, 2018, Wolfe tested positive for Methamphetamine. Wolfe admitted that he had used the drug on March 12, 2018. Further, a home check by Wolfe's probation officer revealed scales and drug masking agents.

         {¶4} On May 2, 2018, Wolfe again tested positive for Methamphetamine. Wolfe admitted using the drug on May 1, 2018. Further, Adult Court Services discovered text messages in which Wolfe was attempting to contact known offenders in violation of his community control. ACS also discovered messages that indicated Wolfe was contacting incarcerated individuals.

         {¶5} A Motion to Revoke Wolfe's Community Control was filed May 8, 2019. Wolfe through counsel stipulated to probable cause and admitted the violations. Thereafter the trial court imposed a twelve-month sentence on each count to run consecutive for an aggregate sentence of thirty-six months.

         Assignment of Error

         {¶6} Wolfe raises one assignment of error, {¶7} "I. THE SENTENCING COURT COMMITTED HARMFUL ERROR WHEN IT IMPOSED THE FULL PRISON TERM ON EACH OF HIS THREE COUNTS FOR NON-CRIMINAL VIOLATIONS AS THIS IS CONTRARY TO LAW."

         Law ...


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