State v. Groves

2025 Ohio 1616

• Court: Ohio Court of Appeals
• Decided: April 25, 2025
• Docket: 24CA6 & 24CA8
• Status: Published

Opinion

[Cite as State v. Groves, 2025-Ohio-1616.]

IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT ADAMS COUNTY

STATE OF OHIO, :

Plaintiff-Appellant/ : CASE NO. 24CA1206 Cross-Appellee, 24CA1208 : v. : JUSTIN GROVES, DECISION & JUDGMENT ENTRY : Defendant-Appellee/ Cross-Appellant. :

_______________________________________________________________

APPEARANCES:

Aaron E. Haslam, Adams County Prosecuting Attorney, West Union, Ohio, for Plaintiff-Appellant/Cross-Appellee.

Brian Goldberg, Cincinnati, Ohio, for Defendant-Appellee/Cross- Appellant. __________________________________________________________________ CRIMINAL APPEAL FROM COMMON PLEAS COURT DATE JOURNALIZED:4-25-25 ABELE, J.

{¶1} This is an appeal from Adams County Common Pleas Court

judgments regarding a guilty plea, sentence and community control

revocation.

{¶2} The State of Ohio, plaintiff below and appellant herein,

raises the following assignment of error for review:

“THE TRIAL COURT ERRED IN SENTENCING JUSTIN GROVES TO A COMMUNITY CONTROL SANCTION CONTRARY ADAMS, 24CA1206 & 24CA1208

2 TO LAW WHEN A PRISON TERM WAS MANDATORY PURSUANT TO R.C. 2950.99(A)(2)(b).”

{¶3} Justin Groves, defendant below and appellee herein, filed

a cross-appeal and raises the following assignment of error:

“THE TRIAL COURT ERRED TO THE PREJUDICE OF MR. GROVES BY ACCEPTING A PLEA OF GUILTY THAT WAS NOT MADE KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY.”

{¶4} On March 26, 2024, the Adams County Grand Jury returned

an indictment that charged appellee with the Failure to Notify

Change of Address in violation of R.C. 2950.05(A), a third-degree

felony.

{¶5} Subsequently, after the trial court misinformed appellee

about his possible eligibility for community control, appellee

entered a guilty plea to the charge set forth in the indictment.

The court accepted appellee’s plea and ordered him to serve two

years community control, complete 200 hours of community service

and pay a $250 fine. Appellant, however, points out that R.C.

2950.99(A)(2)(b) requires a three-year mandatory prison term for

this offense. Apparently, appellee had been on probation for a

previous failure to register offense.

{¶6} Here, appellee candidly and forthrightly concedes that ADAMS, 24CA1206 & 24CA1208

3 the Ohio Revised Code requires that, under the present

circumstance, appellee’s offense requires a mandatory three-year

prison term. However, in his cross-appeal appellee asserts that he

did not enter a knowing, voluntary and intelligent plea because he

had been misadvised of community control eligibility when that

option did not exist. Consequently, appellee requests that we

vacate his conviction due to his improper plea. Appellant also

candidly and forthrightly agrees that appellee’s plea should be

deemed to be invalid, his conviction vacated and the matter

remanded for further proceedings.

{¶7} Appellant further contends that it did not receive

notice, or have an opportunity to be heard, regarding appellee’s

alleged community control violation. Apparently, the trial court

sua sponte dismissed the State’s community control revocation

request. Once again, appellee concedes error in this matter and

requests remand for further consideration.

{¶8} Based upon the foregoing reasons, we sustain the parties’

assignments of error, reverse the trial court’s judgments and

remand this matter for further proceedings. We appreciate

counsels’ approach in the disposal of this appeal and further

express our sympathy with every court that must undertake the task ADAMS, 24CA1206 & 24CA1208

4 of deciphering Ohio’s complex felony sentencing scheme.

JUDGMENT REVERSED AND CAUSE REMANDED FOR FURTHER PROCEEDINGS CONSISTENT WITH THIS OPINION.

JUDGMENT ENTRY

It is ordered that the judgments be reversed and cause remanded for further proceedings consistent with this opinion. Appellee and appellant shall equally divide the costs herein taxed.

The Court finds that reasonable grounds existed for this appeal.

It is ordered that a special mandate issue out of this Court directing the Adams County Common Pleas Court to carry these judgments into execution.

A certified copy of this entry shall constitute that mandate pursuant to Rule 27 of the Rules of Appellate Procedure.

Smith, P.J. & Wilkin, J.: Concur in Judgment & Opinion

For the Court

BY:_____________________________ ADAMS, 24CA1206 & 24CA1208

5 Peter B. Abele, Judge

NOTICE TO COUNSEL

Pursuant to Local Rule No. 14, this document constitutes a final judgment entry and the time period for further appeal commences from the date of filing with the clerk.