State v. Bair, Unpublished Decision (6-29-1998)
State v. Bair, Unpublished Decision (6-29-1998)
Opinion of the Court
ASSIGNMENTS OF ERROR
THE WEIGHT OF THE EVIDENCE DOES NOT SUPPORT THE TRIAL COURT'S JUDGMENT.
THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION IN SENTENCING APPELLANT TO A PERIOD OF INCARCERATION.
THE TRIAL COURT ERRED IN SENTENCING APPELLANT TO A 1-5 YEAR INDEFINITE TERM OF INCARCERATION.
The record indicates appellant had been convicted of a charge of receiving stolen property, and ordered into a period of community control for five years. Several months later, the State alleged appellant violated the conditions of his supervision, and moved to revoke the community control. Specifically, the State maintained appellant's urine had tested positive for marijuana and cocaine, which was contrary to the trial court's specifically imposed conditions, and the probation department's general conditions of supervision.
We find the trial court did not err in concluding appellant violated the terms and conditions of supervision, even given the concession of the State on appeal. We find the trial court's conclusions are supported by the weight of the evidence.
The first assignment of error is overruled.
Pursuant to R.C.
On August 21, 1997, appellant signed a written change of plea which acknowledged if he violated the terms of his community control sanction, the court could impose a term of imprisonment of one to five years.
We conclude the court fully complied with Ohio law in imposing a one to five year indefinite term of incarceration upon its finding appellant violated the terms of his community control sanction.
The second and third assignments of error are overruled.
For the foregoing reasons, the judgment of the Court of Common Pleas of Licking County, Ohio, is affirmed, and the cause is remanded to that court for execution of sentence.
By Gwin, P.J., Hoffman, J., and Wise, J., concur.
For the reasons stated in the Memorandum-Opinion on file, the judgment of the Court of Common Pleas of Licking County, Ohio, is affirmed, and the cause is remanded to that court for execution of sentence. Costs to appellant.
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