State v. Shavers, Unpublished Decision (3-21-2001)
State v. Shavers, Unpublished Decision (3-21-2001)
Opinion of the Court
Defendant-appellant Rodney E. Shavers appeals from the judgment of the trial court revoking his community control and imposing a sentence of twelve months' incarceration. Shavers assigns the following as error: (1) the trial court's finding that he had violated a condition of his community control; (2) the imposition of the maximum term of incarceration; and (3) the trial court's failure to credit him with time served in confinement.
In October 1999, Shavers entered a plea of guilty to possession of cocaine, in violation of R.C.
In his first assignment of error, Shavers claims that the trial court erred by finding him guilty of violating his community control, because his participation at the Prospect House was not a condition of community control as stated in the court's judgment entry. We agree. It is axiomatic that a trial court speaks only through its journal entries. SeeState ex rel. Industrial Comm. of Ohio v. Day (1940),
Therefore, the judgment of the trial court is reversed and this matter is remanded to the trial court for further proceedings not inconsistent with law and this decision.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Sundermann, P.J., Winkler and Shannon, JJ.
Raymond E. Shannon, retired, of the First Appellate District, sitting by assignment.
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