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State v. Swyers

Court of Appeals of Ohio, Second District, Clark County
Dec 19, 2008
2008 Ohio 6736 (Ohio Ct. App. 2008)

Opinion

No. 07-CA-129.

Rendered on December 19, 2008.

Criminal Appeal from Common Pleas Court, Trial Court Case No. 07-CR-561.

Amy M. Smith, Attorney Reg. #0081712, Clark County Prosecutor's Office, Attorney for Plaintiff-Appellee.

C. Douglas Copley, Atty. Reg. #0066825, Attorney for Defendant-Appellant.


OPINION


{¶ 1} Floyd E. Swyers III appeals from his conviction in the Clark County Common Pleas Court of robbery. Swyers was sentenced to a prison term of five years. In a single assignment of error, Swyers contends the trial court erred in failing to inform him that he would be subject to post-release control as required by R.C. 2929.12.

{¶ 2} The record demonstrates that the trial court did not inform Swyers about post-release control at the sentencing hearing although the court did state in its journal entry imposing the sentence that it had so notified Swyers. The State concedes the trial court failed to comply with the mandatory provisions of R.C. 2929.19(B)93)(c) and (d) and therefore Appellant's sentence must be ordered vacated and the matter remanded to the trial court for re-sentencing. We agree. State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085.

{¶ 3} Appellant's assignment of error is sustained. The judgment of the trial court is Reversed and Remanded for the trial court to re-sentence Appellant.

FAIN, J., and GRADY, J., concur.

Copies mailed to:

Amy Smith

C. Douglas Copley

Hon. Richard P. Carey


Summaries of

State v. Swyers

Court of Appeals of Ohio, Second District, Clark County
Dec 19, 2008
2008 Ohio 6736 (Ohio Ct. App. 2008)
Case details for

State v. Swyers

Case Details

Full title:State of Ohio, Plaintiff-Appellee, v. Floyd E. Swyers, III…

Court:Court of Appeals of Ohio, Second District, Clark County

Date published: Dec 19, 2008

Citations

2008 Ohio 6736 (Ohio Ct. App. 2008)