Appeals from Seneca County Common Pleas Court Trial Court
Nos. 18-CR-0021, 17-CR-0033 and 18-CR-0178
R. Anjum for Appellant
W. DeVine Appellee
Defendant-appellant Joshua D. Williams ("Williams")
brings this consolidated appeal from judgments of the Court
of Common Pleas of Seneca County convicting him of multiple
counts of trafficking in cocaine and one count of possessing
criminal tools. On appeal, Williams claims that the trial
court erred by 1) denying his motion for a continuance and 2)
sentencing him to consecutive sentences. For the reasons set
forth below, the judgments are affirmed.
Case No. 17 CR 0033
On February 22, 2017, the Seneca County Grand Jury indicted
Williams on one count of trafficking in cocaine in violation
of R.C. 2925.03(A)(1), (C)(4)(a), a felony of the fifth
degree. ADoc. 1. This charge stemmed from an incident
that allegedly occurred on March 24, 2016. Id.
Williams initially entered pleas of not guilty to the
indictment. ADoc. 9. The matter was originally scheduled for
a jury trial on September 28-29, 2017. ADoc. 13. The trial
was sua sponte rescheduled to begin on January 25, 2018.
ADoc. 16 and 18. On January 19, 2018, Williams filed a motion
for a continuance of the trial as new charges were pending
for Williams. ADoc. 23. The trial court granted the motion
and set the January 25, 2018, date for a change of plea
hearing. ADoc. 24. At the change of plea hearing, Williams
again asked for a continuance, which was granted and the
hearing was rescheduled for February 2, 2018. ADoc. 25. At
that hearing, the trial court was informed that no agreement
had been reached and the matter was set for trial on February
12, 2018. ADoc. 26. On February 12, 2018, Williams changed
his plea from not guilty to guilty. ADoc. 29. As part of the
plea agreement, the parties entered a joint sentencing
recommendation for three years of community control, which
would include 90 days in jail. Id. The trial court
accepted the plea of guilty and immediately sentenced
Williams to the jointly recommended sentence. ADoc. 30.
Additionally, the trial court ordered that a violation of the
community control would result in "a prison term of
twelve (12) months to be served consecutively to twenty- four
(24) months reserved for a violation of community control in
Seneca County Case No. 18 CR 0021." Id.
On April 27, 2018, the State filed a motion to suspend
supervision of Williams because he had absconded from
supervision. ADoc. 34. Williams was apprehended on June 27,
2018, and his supervision was reinstated. ADoc. 39. Once
Williams was apprehended, the State served him notification
of alleged community control violations. ADoc. 37. On August
3, 2018, Williams filed for a continuance of the revocation
hearing because further charges were pending. ADoc. 45. This
motion was granted by the trial court. ADoc. 47.
On August 16, 2018, the State filed a second notification of
community control violations alleging that Williams had
violated the terms of his community control by selling
cocaine to a confidential informant in four separate
transactions and by possessing cocaine. ADoc. 49. The
original alleged violations were dismissed by the State on
August 15, 2018. ADoc. 51. A full revocation hearing on the
August notification of violation was set for November 2,
2018. ADoc. 55. On November 2, 2018, Williams filed a motion
for a continuance claiming that there were technical issues
with the discovery discs. ADoc. 56. The trial court granted
this motion and set the revocation hearing for November 28,
2018. ADoc. 57. On November 26, 2018, Williams again filed
for a continuance to allow for additional time to review
discovery. ADoc. 58. The trial court again granted the
motion. ADoc. 59. On March 20, 2019, Williams again requested
a continuance due to health issues of counsel and the trial
court granted the motion. ADoc. 63-64.
On March 28, 2019, counsel for Williams filed a motion to
withdraw. ADoc. 66. The motion stated that the attorney
client relationship had broken down and that counsel may be
called as a witness as to the probation violation.
Id. The trial court granted the motion on March 29,
2019. ADoc. 67. No further continuances appear on the record
in this case.
The revocation hearing was held on June 14, 2019, and
Williams was represented by counsel. ADoc. 72. At the
hearing, Williams admitted that he violated the terms of his
community control. Id. The trial court ordered
Williams to serve 12 months in prison for the community
control violation and ordered it to be served consecutive to
the sentences in case numbers 18 CR 0021 and 18 CR 0178.
Id. Williams filed a timely notice of appeal from
this judgment. ADoc. 74. On appeal, it was assigned appellate
case number 13-19-24.
Case No. 18 CR 0021
On February 12, 2018, Williams waived indictment and agreed
to be charged by bill on information on two counts of
trafficking in cocaine in violation of R.C. 2925.03(A)(1),
(C)(4)(a), a felony of the fifth degree. BDoc. 2. These
charges stemmed from alleged sales on November 9, 2016 and on
June 19, 2017. Id. Williams entered a plea of guilty
to the charges. BDoc. 4. The parties made a jointly
recommended sentencing recommendation of three years on
community control with 90 days of that to be served in jail.
Id. The agreed sentence included the following.
Defendant to serve a stated prison term of twelve
(12) months as to Count One and twelve (12) months as to
Count Two to be served consecutively for a total of
twenty-four (24) months for a violation of community control
to be served consecutively to twelves (12) months reserved