State v. Oliver

Aug 8, 2011

11CAA020021

Versions:

APPEARANCES:

For Plaintiff-Appellee

CAROL HAMILTON O‘BRIEN Delaware County Prosecuting Attorney GREGORY A. TAPOCSI Assistant Prosecuting Attorney 140 N. Sandusky St., 3rd Floor Delaware, Ohio 43015

For Defendant-Appellant

WILLIAM T. CRAMER 470 Olde Worthington Road, Suite 200 Westerville, Ohio 43082

OPINION

Hoffman, P.J.

{¶1} Defendant-appellant Kevin Oliver, II appeals the sentence entered by the Delaware County Court of Common Pleas, following his guilty plea to six counts of burglary, two counts of attempted burglary, and one count of grand theft. Appellant was ordered to serve a total of nine and one half years in prison in addition to other penalties. The trial court included the following in its Judgment Entry of Sentence entered January 28, 2011:

{¶2} “The Court does not approve the Intensive Prison Program or Transitional Control.”

{¶3} It is from his sentencing entry Appellant prosecutes this appeal assigning as error:

{¶4} “I. DEFENDANT‘S STATE AND FEDERAL RIGHTS TO DUE PROCESS WERE VIOLATED WHEN THE TRIAL COURT DISAPPROVED TRANSITIONAL CONTROL UNDER R.C. 2967.26 AT SENTENCE.”¹

{¶5} This Court has previously addressed this exact issue in State v. Spears, 2011-Ohio-1538. Upon review we adhere to our prior precedent.

{¶6} Appellant‘s sole assignment of error is sustained.

{¶7} The judgment of the trial court is reversed.

By: Hoffman, P.J. Edwards, J. and Delaney, J. concur

s/ William B. Hoffman

HON. WILLIAM B. HOFFMAN

s/ Julie A. Edwards

HON. JULIE A. EDWARDS

s/ Patricia A. Delaney

HON. PATRICIA A. DELANEY

JUDGMENT ENTRY

For the reason stated in our accompanying Opinion, the judgment of the Delaware County Court of Common Pleas is reversed. This Court orders the Judgment Entry of Sentence entered by the trial court and filed on January 28, 2011, shall constitute the final judgment of sentence with the singular exception the first full paragraph on page three thereof, which reads, “The Court does not approve the Intensive Prison Program or Transitional Control” is ordered stricken therefrom.