Court of Appeals of Ohio, Fourth District, Jackson
CRIMINAL APPEAL FROM COMMON PLEAS COURT
Timothy Young, Ohio Public Defender, and Patrick T. Clark,
Assistant State Public Defender, Columbus, Ohio.
Yost, Ohio Attorney General, and Christopher L. Kinsler,
Associate Assistant Ohio Attorney General, Columbus, Ohio.
DECISION AND JUDGMENT ENTRY
B. Abele, Judge.
1} This is an appeal from a Jackson County Common
Pleas Court sentence of John Park, defendant below and
appellant herein, after his guilty pleas and conviction on
three counts of unlawful sexual conduct with a minor.
2} Appellant raises two assignments of error for
ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED WHEN IT SENTENCED MR. PARK TO A
FIVE-YEAR LUMP-SUM OF COMMUNITY CONTROL FOR
MULTIPLE COUNTS. STATE V. SAXON, 109 Ohio St.3d 176,
2006-Ohio-1245, 846 N.E.2d 824; STATE V. POWELL,
4th DIST. ATHENS NO. 14CA31, 2017-OHIO-1068;
STATE V. PRICE, 4thDIST. ATHENS NOS.
17CA30, 17CA31, 2018-OHIO-2896; STATE V. WHEATLEY,
4th DIST. HOCKING NO. 17CA3, 2018-OHIO-464; T.P.
41-42; JUNE 2, 2017 SENTENCING ENTRY."
ASSIGNMENT OF ERROR:
"THE TRIAL COURT ERRED WHEN IT SENTENCED MR. PARK TO
CONSECUTIVE PRISON TERMS FOR VIOLATING HIS COMMUNITY CONTROL
WITHOUT MAKING THE FINDINGS REQUIRED BY R.C. 2929.14(C)(4)
DURING THE SENTENCING HEARING. STATE V. FRALEY, 105
Ohio St.3d 13, 2004-OHIO-7110, 821 N.E.2D 995; STATE V.
BONNELL, 140 OHIO ST.3D 209, 2014-OHIO-3177, 16 N.E.3D
659; STATE V. DUNCAN, 12th DIST. BUTLER
NOS. CA2015-05-086, CA2015-06-108, 2016-OHIO-5559; T.P. 93;
SEPTEMBER 6, 2018 SENTENCING ENTRY"
3} On March 31, 2017, appellant pled guilty to three
counts of unlawful sexual conduct with a minor, in violation
of 2907.04(A). Pursuant to a joint recommendation that
appellant receive a community control sentence, the trial
court imposed a single term of community control for the
three violations. Subsequently, the court determined that
appellant violated the terms and conditions of the community
control sanction. The court thereupon revoked appellant's
community control and imposed the "previously reserved
prison term" of 108 months. Additionally, the trial
court did not make finding concerning consecutive sentences.
This appeal followed.
4} In his first assignment of error, appellant
asserts that the trial court erred by imposing a single, five
year term of community control for the three offenses, rather
than impose a separate sentence for each offense. In support
of his argument, appellant cites State v. Powell,
4th Dist. Athens Nos. 14CA31 & 14CA45,
2017-OHIO-1068, State v. Price 4th Dist.
Athens Nos. ...