State v. Oliver

Full title: State of Ohio, Plaintiff-Appellee, v. Kevin Oliver, II, Defendant-Appellant

Court: Court of Appeals of Ohio, Fifth District, Delaware County

Date published: Aug 8, 2011

2011 Ohio 3950 (Ohio Ct. App. 2011)

Opinion

No. 11CAA020021.

DATE OF JUDGMENT ENTRY: August 8, 2011.

Appeal form the Delaware County Court of Common Pleas, Case No. 09 CR I 09 0450.

Reversed and Final Judgment Entered.

Carol Hamilton O'Brien, Delaware County Prosecuting Attorney, Gregory A. Tapocsi, Assistant Prosecuting Attorney, for Plaintiff-Appellee.

William T. Cramer, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. Julie A. Edwards, J., Hon. Patricia A. Delaney, J.

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

1 A rendition of the facts is unnecessary for our disposition of this appeal.

{¶ 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.

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

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.