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State v. Park

Court of Appeals of Ohio, Fourth District, Jackson

June 25, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
JOHN PARK, Defendant-Appellant.

          CRIMINAL APPEAL FROM COMMON PLEAS COURT

          Timothy Young, Ohio Public Defender, and Patrick T. Clark, Assistant State Public Defender, Columbus, Ohio. [1]

          Dave Yost, Ohio Attorney General, and Christopher L. Kinsler, Associate Assistant Ohio Attorney General, Columbus, Ohio.

          DECISION AND JUDGMENT ENTRY

          Peter 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 review.

         FIRST 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."

         SECOND 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.

         I.

         {¶ 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. ...


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