Court of Appeals of Ohio, Fifth District, Muskingum
CHARACTER OF PROCEEDING: Criminal Appeal from the Court of
Common Pleas, Case No. CR2018-0318 JU
Plaintiff-Appellee NO APPEARANCE
Defendant-Appellant JAMES A. ANZELMO ANZELMO LAW
JUDGES: Hon. John W. Wise, P. J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, Jr., J.
JOHN, P. J.
Appellant Kevin Bryan appeals his conviction on two weapons
counts in the Court of Common Pleas, Muskingum County.
Appellee is the State of Ohio. The relevant procedural facts
leading to this appeal are as follows.
On or about December 14, 2017, appellant's parole officer
asked the Muskingum County Sheriffs Office to check into
appellant's failure to maintain contact with the Adult
Parole Authority. Sheriff deputies went to an address in
Zanesville, Ohio, and spoke with appellant's girlfriend.
They subsequently discovered a .22 caliber handgun on the
premises, which appellant ultimately admitted was his.
See Plea Hearing Tr. at 10-11.
On May 23, 2018, appellant was indicted on one count of
having a weapon while under a disability (R.C.
2923.13(A)(3)), a third-degree felony, and possession of a
defaced weapon (R.C. 2923.201(A)(2)), a first-degree
On August 10, 2018, appellant appeared with counsel before
the court for a plea hearing. The defense and prosecution
jointly recommended a two-year prison sentence and forfeiture
of the handgun. See Plea Hearing Tr. at 3. Appellant
entered pleas of guilty to both charges.
A sentencing hearing was conducted on August 13, 2018. Via a
judgment entry issued on August 14, 2018, appellant was
sentenced to two years in prison on Count I, and six months
of local incarceration on Count II, to be served
In addition, the court concluded that appellant had violated
the post-release control that he had been serving under
Muskingum County case number CR2012-0053. The court therefore
terminated that post-release control and ordered appellant to
consecutively serve in prison the remaining post-release
control time, which the court had calculated at the
sentencing hearing to be 1, 124 days. See Sentencing
Tr. at 8. However, the sentencing entry did not restate the
1, 124 figure or state a specific amount of prison time for
the post-release control violation from CR2012-0053.
See Judgment Entry, Aug. 14, 2018, at 1-2. The entry
merely stated that the court "imposes the remainder of
time left on Post Release Control be served in prison."
Id. at 2.
The court also ordered appellant to pay court costs. Judgment
Entry, Aug. 14, 2018, at 2. When the court costs ruling was
announced on the record (Sentencing Tr. at 8),
appellant's trial counsel did not object even though
appellant had received appointed counsel on June 11, 2018 due
to his indigence.
On September 7, 2018, appellant filed a notice of appeal. He
herein raises the following two Assignments of Error:
"I. THE TRIAL COURT ERRED WHEN IT SENTENCED BRYAN, IN
VIOLATION OF HER [SIC] DUE PROCESS RIGHTS UNDER THE FIFTH AND
FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND