Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No.
Plaintiff-Appellee ERIC M. DEPUE Assistant Licking County
Defendant-Appellant STEPHEN T. WOLFE Wolfe Law Group, LLC
W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E.
Wise, J. Judges
Defendant-appellant Joshua Highley appeals his sentence from
the Licking County Court of Common Pleas. Plaintiff-appellee
is the State of Ohio.
OF THE FACTS AND CASE
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
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.
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.
Appellant now appeals, raising the following assignment of
error on appeal:
"I. THE TRIAL COURT ERRED WHEN IT IMPOSED A TWELVE-MONTH