State v. Rowland, Unpublished Decision (3-29-2002)
State v. Rowland, Unpublished Decision (3-29-2002)
Opinion of the Court
OPINION This is an appeal from the judgment of the Hancock County Common Pleas Court, which sentenced Defendant-Appellant, Matthew Rowland to an additional twelve months of incarceration for committing a felony while on post-release control.
On February 21, 2001, while on post-release control, Rowland was indicted for Burglary under R.C.
On July 13, 2001, Rowland appealed the June 13, 2001 sentence asserting the following assignments of error:
1. Whether the Ohio Revised Code, Section
2967.28 (F)(4), which allows the trial court to impose an additional period of incarceration not to exceed twelve (12) months upon a conviction for a felony offense which was committed while the defendant was on post-release control, is unconstitutional under the United States and Ohio Constitution as violating due process.2. Whether the Ohio Revised Code, Section
2967.28 (F)(4), which allows the trial court to impose an additional period of incarceration not to exceed twelve (12) months upon a conviction for a felony offense which was committed while the defendant was on post-release control, is unconstitutional under the United States and Ohio Constitutional prohibitions against double jeopardy.3. Whether the Ohio Revised Code, Section
2967.28 (F)(4), which allows the trial court to impose an additional period of incarceration not to exceed twelve (12) months upon a conviction for a felony offense which was committed while the defendant was on post-release control, is unconstitutional is violating the doctrine of separation of powers under the under Ohio Constitution.4. Whether the defendant committed a felony offense during a period of time under which he was subject to post-release control, under Ohio Revised Code, Section
2967.28 after said period of said post-release control has been terminated, the Trial Court may not impose additional penalties for a conviction of a felony offense that was committed while the Defendant was under post-release control pursuant to Ohio Revised Code, Section2967.28 (F)(4) as it is violative of separation of powers under the Ohio Constitution.
"The question of constitutionality of a statute must generally be raised at the first opportunity and, in a criminal prosecution this means in the trial court." State v. Awan (1986),
Based on the foregoing, the July 13, 2001 judgment of the trial court is affirmed.
Judgment affirmed.
BRYANT and HADLEY, JJ., concur.
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