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State v. Cantwell

Court of Appeals of Ohio, Fifth District, Licking

December 24, 2019

STATE OF OHIO Plaintiff-Appellee
v.
BRIAN W. CANTWELL Defendant-Appellant

          Criminal appeal from the Licking County Court of Common Pleas, Case No.18CR199

         JUDGMENT: Affirmed

          For Plaintiff-Appellee CLIFFORD MURPHY Assistant Prosecutor

          For Defendant-Appellant LISA TOME

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

          OPINION

          GWIN, P.J.

         {¶1} Defendant-appellant Brian W. Cantwell ["Cantwell"] appeals his conviction and sentence after a negotiated guilty plea in the Licking County Court of Common Pleas.

         Facts and Procedural History

         {¶2} The Licking County Grand Jury returned a Fifteen Count Indictment against Cantwell, on March 29, 2018. A pre-trial conference was held on April 27, 2018. Cantwell filed a notice to enter pleas to ten of the fifteen counts and a forfeiture specification. A presentence investigation was ordered and the matter was set for a change of plea on July 2, 2018. The Trial Court sentenced Cantwell to an aggregate prison sentence of eight years that included one year of Post Release Control time Cantwell was under from his conviction in Licking County Common Pleas Case number 2015-CR-00514.

         Assignment of Error

         {¶3} Cantwell raises one Assignment of Error, {¶4} "I. THE TRIAL COURT COMMITS PREJUDICIAL ERROR WHEN IT FAILS TO INTRODUCE ANY EVIDENCE, DOCUMENTARY OR OTHERWISE, TO SUPPORT CLAIM THAT APPELLANT HAD BEEN PLACED ON AND SUBSEQUENTLY VIOLATED ANY TERM OF POST RELEASE CONTROL."

         Law and Analysis

         {¶5} In his sole assignment of error, Cantwell contends that because the record in this matter is devoid of any evidence that Cantwell was placed on post-release control following his release from prison as a result from a previous case, the trial court erred in imposing a one-year sentence upon him pursuant to R.C. 2929.141. [Appellant's Brief at 8].

         STANDARD OF ...


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