STATE OF OHIO v. BRIAN E. HOLLAND
Case No. 11-CA-47
COURT OF APPEALS LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT
November 18, 2011
2011-Ohio-6042
Hon. William B. Hoffman, P.J.; Hon. Sheila G. Farmer, J.; Hon. Patricia A. Delaney, J.
CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 10-CR-628; JUDGMENT: Reversed and Remanded
For Plaintiff-Appellee
BRIAN WALTZ
20 South Second Street
4th Floor
Newark, OH 43055
For Defendant-Appellant
WILLIAM T. CRAMER
470 Olde Worthington Road
Suite 200
Westerville, OH 43082
Farmer, J.
{¶1} On November 12, 2010, the Licking County Grand Jury indicted appellant, Brian Holland, on one count of illegally manufacturing drugs in violation of
{¶2} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:
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{¶3} “THE TRIAL COURT ERRED BY INCLUDING IN THE SENTENCING ENTRY A PROVISION THAT APPELLANT IS NOT TO BE CONSIDERED OR RELEASED ON TRANSITIONAL CONTROL.”
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{¶4} Appellant claims the trial court erred by including in the sentencing entry a provision that he is not to be considered or released on transitional control. We agree.
{¶5} Based upon this court‘s well reasoned opinion in State v. Spears, Licking App. No. 10-CA-95, 2011-Ohio-1538, ¶34-38, this assignment of error is granted.
By Farmer, J.
Hoffman, P.J. and
Delaney, J. concur.
s/ Sheila G. Farmer
s/ William B. Hoffman
s/ Patricia A. Delaney
JUDGES
SGF/sg 1026
STATE OF OHIO v. BRIAN E. HOLLAND
CASE NO. 11-CA-47
IN THE COURT OF APPEALS FOR LICKING COUNTY, OHIO FIFTH APPELLATE DISTRICT
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Licking County, Ohio is reversed, and the matter is remanded to said court for resentencing without the transitional control language. Costs to appellee.
s/ Sheila G. Farmer
s/ William B. Hoffman
JUDGES