State v. Yount, Unpublished Decision (11-22-2002)
State v. Yount, Unpublished Decision (11-22-2002)
Opinion of the Court
{¶ 2} "THE TRIAL COURT ERRED BY REVOKING DEFENDANT'S COMMUNITY CONTROL SANCTIONS WHEN THE DEFENDANT DID NOT VIOLATE ANY CONDITION OF COMMUNITY CONTROL SUPERVISION AND WITHOUT GIVING PROPER NOTICE OF THE COURT'S INTENT TO REVOKE DEFENDANT'S COMMUNITY CONTROL SANCTION."
{¶ 3} The State has responded by conceding error and asking that this case be remanded to the trial court for further proceedings. The State concedes three errors in the sentencing of Yount. First, the State agrees with Yount's argument that any prison term imposed upon revocation of his community control should be limited to a maximum of nine months, whereas the court imposed a twelve month term.
{¶ 4} The State further concedes that appellant's argument that he lacked notice setting forth the conditions for the community control he allegedly violated, and which is required, requires a reversal of the revocation. This concession by the State may not be well-founded. We could find that Yount waived notice, but in any case this issue is moot since we are sending the case back for re-sentencing.
{¶ 5} Finally, the State concedes that Yount's community control could not be revoked on the basis of conduct that occurred before he was sentenced to community control and of which the trial court was aware when it imposed the community control sanction. As the record is silent of any reasons for revoking the community control and does not state what the alleged violations were, the State believes that this case should be remanded for further proceedings in the community control revocation.
{¶ 6} The State is correct in conceding to the obvious errors and we commend it for its candor. We sustain the assignment of error, vacate the sentences, and remand this case back to the trial court for further proceedings consistent with this decision.
WOLFF, P.J. and FAIN, J., concur.
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