State v. Edwards

115 N.E.3d 1, 2018 Ohio 2462
CourtCourt of Appeals of Ohio, Eleventh District, Geauga County
DecidedJune 25, 2018
DocketNO. 2017-G-0122
StatusPublished
Cited by5 cases

This text of 115 N.E.3d 1 (State v. Edwards) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Eleventh District, Geauga County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Edwards, 115 N.E.3d 1, 2018 Ohio 2462 (Ohio Super. Ct. 2018).

Opinion

TIMOTHY P. CANNON, J.

*2{¶ 1} Appellant, Branden S. Edwards, appeals from the May 15, 2017 judgment of conviction of the Geauga County Court of Common Pleas. For the following reasons, the trial court's judgment is affirmed in part and vacated in part.

{¶ 2} On November 8, 2016, appellant was indicted by the Geauga County Grand Jury on the following charges: Count 1, Domestic Violence, a fifth-degree felony, in violation of R.C. 2919.25(A) and (D)(5) ; Count 2, Possession of Heroin, a fourth-degree felony, in violation of R.C. 2925.11(A) and (C)(6)(b) ; Count 3, Possession of Cocaine, a fifth-degree felony, in violation of R.C. 2925.11(A) and (C)(4)(a) ; and Count 4, Obstructing Official Business, a fifth-degree felony, in violation of R.C. 2921.31(A). Appellant entered a plea of not guilty to the charges in the indictment.

{¶ 3} Pursuant to a plea agreement with appellee, the state of Ohio, appellant later pleaded guilty to an amended Count 1, to wit: Attempted Aggravated Assault, a fifth-degree felony in violation of R.C. 2903.12(A)(1) and R.C. 2923.02(A) ; a lesser-included offense of Count 2, to wit: Possession of Heroin, a fifth-degree felony in violation of R.C. 2925.11(A) and (C)(6)(a) ; and Count 4 (Obstructing Official Business). Count 3 (Possession of Cocaine) was dismissed.

{¶ 4} On April 25, 2017, the trial court sentenced appellant to a prison term of 12 months on amended Count 1, to run consecutively to appellant's sentence in case No. 2016 C 000029. The trial court also informed appellant he may be subject to up to three years of post-release control on that count after his release from prison. Regarding Count 2 and Count 4, the trial court's sentencing entry states:

For Possession of Heroin * * * and [f]or Obstructing Official Business * * * a total of three (3) years community control sanctions.
* * *
One hundred eighty (180) days residential community control in the Geauga County Safety Center and up to one hundred eighty (180) days in NEOCAP.
Upon notification by NEOCAP of bed availability, defendant shall be transported to said facility. Defendant shall enter and successfully complete the NorthEast Ohio Community Alternative Program.
* * *
Upon defendant's completion of NEOCAP, the defendant shall serve the balance of one hundred eighty (180) days residential community control at the Geauga Safety Center.

The balance of the three years of community control was to be non-residential. The trial court also reserved a prison term of 12 months each for Count 2 and Count 4 to be imposed for any violation of the community control sanctions. The trial court entered its judgment of conviction on May 15, 2017.

{¶ 5} Appellant noticed a timely appeal from the judgment of conviction.

{¶ 6} Appellant asserts one assignment of error on appeal:

{¶ 7} "The trial court erred in sentencing Defendant-Appellant to a 'blended sentence,' by imposing upon him a prison term on one offense consecutive to a term of community control on others."

{¶ 8} We generally review felony sentences under the standard of review set forth in R.C. 2953.08(G)(2), which states:

The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the *3matter to the sentencing court for resentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following:
(a) That the record does not support the sentencing court's findings under [ R.C. 2929.13(B) or (D), R.C. 2929.14(B)(2)(e) or (C)(4), or R.C. 2929.10(I) ], whichever, if any, is relevant;
(b) That the sentence is otherwise contrary to law.

{¶ 9} Appellant argues it was improper for the trial court to impose his community control sanctions consecutively to or concurrently with his prison sentence because there is no express statutory authorization for such a sentence.

{¶ 10} Here, the trial court did not specify whether appellant's community control sanctions were to run consecutively to or concurrently with his prison sentence. However, the clear effect of the sentence as imposed was to require the residential portion of the community control sanctions on Count 2 and Count 4 to be served consecutively to the prison term on Count 1.

{¶ 11} Appellant cites State v. Anderson , 143 Ohio St.3d 173, 2015-Ohio-2089, 35 N.E.3d 512 in support of his argument. He relies on the Ohio Supreme Court's statement that "because ' "sentencing is a creature of the legislature * * * courts are limited to imposing sentences that are authorized by statute, rather than only being limited to sentences that are not prohibited by statute." ' " Id. at ¶ 13, quoting Wilson v. State , 5 N.E.3d 759, 762 (Ind.2014), quoting Wilson v. State , 988 N.E.2d 1221, 1224 (Ind.App.2013) (Robb, C.J. dissenting) (emphasis sic). In Anderson , the Supreme Court held that the felony sentencing statutes do not expressly authorize a no-contact order to be imposed for a felony offense. Id. at ¶ 16. In interpreting the Revised Code, however, the Court determined that no-contact orders are considered community control sanctions and ultimately held "[a] trial court cannot impose a prison term and a no-contact order [which is a community control sanction] for the same felony offense." Id. at ¶ 1 (emphasis added).

{¶ 12} Appellant asks us to apply the dicta in Anderson too broadly, and although it is not expressly authorized, it was not error for the trial court to run appellant's non-residential sanctions concurrently with his prison sentence for a separate offense. See State v. Paige , 153 Ohio St.3d 214, 2018-Ohio-813, 103 N.E.3d 800, ¶ 9-10. However, in Paige

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Cite This Page — Counsel Stack

Bluebook (online)
115 N.E.3d 1, 2018 Ohio 2462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edwards-ohctapp11geauga-2018.