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State v. Highley

Court of Appeals of Ohio, Fifth District, Licking

December 9, 2019

STATE OF OHIO, Plaintiff - Appellee
v.
JOSHUA HIGHLEY, Defendant-Appellant

          Appeal from the Licking County Court of Common Pleas, Case No. 19-CR-00085

         JUDGMENT: Affirmed.

          For Plaintiff-Appellee ERIC M. DEPUE Assistant Licking County Prosecutor

          For Defendant-Appellant STEPHEN T. WOLFE Wolfe Law Group, LLC

          Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, J. Judges

          OPINION

          Baldwin, J.

         {¶1} Defendant-appellant Joshua Highley appeals his sentence from the Licking County Court of Common Pleas. Plaintiff-appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶2} On January 31, 2019, the Licking County Grand Jury indicted appellant on one count of aggravated possession of drugs (methamphetamines) in violation of R.C. 2925.11(A)(C)(1)(a), a felony of the fifth degree. At his arraignment on February 26, 2019, appellant entered a plea of not guilty to the charge.

         {¶3} Thereafter, on April 29, 2019, appellant filed a Motion for Intervention in Lieu of Conviction (hereinafter "ILC"). Appellant, on May 30, 2019, entered a plea of guilty to the charge and, as memorialized in a Judgment Entry filed on May 30, 2019, his guilty plea and the trial court's finding of guilty were held in abeyance and appellant was placed into an ILC status for a period of two years. The trial court, in its Judgment Entry, noted that appellant had been informed that if he violated the terms of his ILC, his guilty plea and the trial court's finding of guilty would be reinstated and appellant would be sentenced to a term of one year in prison.

         {¶4} A Motion to Revoke appellant's ILC was filed on July 30, 2019 alleging that appellant had violated his conditions of supervision. Following a hearing held on August 23, 2019, the trial court reinstated appellant's guilty pleas and found appellant guilty. The trial court then revoked appellant's community control and, pursuant to a Judgment Entry filed on August 23, 2019, sentenced appellant to twelve (12) months in jail.

         {¶5} Appellant now appeals, raising the following assignment of error on appeal:

         {¶6} "I. THE TRIAL COURT ERRED WHEN IT IMPOSED A TWELVE-MONTH ...


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