State v. Dickens, Unpublished Decision (7-16-2003)
State v. Dickens, Unpublished Decision (7-16-2003)
Opinion of the Court
{¶ 2} Defendant-appellant, Terrence E. Dickens, appeals the trial court's judgment revoking his community control and imposing several consecutive terms of incarceration. Dickens was originally convicted of seven counts of trafficking in marijuana and cocaine pursuant to R.C.
{¶ 3} Dickens presents two assignments of error, which we address out of order. In his second assignment of error, he contends that the trial court erred in finding that he violated the conditions of his community control, because that finding was not supported by sufficient evidence and was also against the manifest weight of the evidence.
{¶ 4} To support the revocation of a community-control sanction, the state need not submit proof beyond a reasonable doubt. Once the state presents substantial evidence of the violations, the trial court may, in its discretion, revoke the offender's community-control sanction. Statev. Hylton (1991),
{¶ 5} The conditions of Dickens's community control required him to report to his probation officer every week and to pay $29.00 each month. The state presented evidence showing that Dickens failed to report and to pay as required. The trial court found that his reasons for not complying with these conditions were not credible. Matters as to the credibility of evidence are for the trier of fact to decide. State v.DeHass (1967),
{¶ 6} In his first assignment of error, Dickens contends that the sentences imposed by the trial court were contrary to law. Among other things, he argues that the trial court lacked authority to sentence him to any period of incarceration because it failed to follow the provisions of R.C.
{¶ 7} R.C.
{¶ 8} In State v. Giles, 1st Dist. No. C010582, 2002-Ohio-3297, this court held that "literal compliance with R.C.
{¶ 9} In this case, the trial court said nothing at the sentencing hearing about what would occur if Dickens violated the conditions of his community control or about what term of imprisonment would be imposed for a violation. The court only informed Dickens during the plea hearing about the range of sentences that could be imposed, which did not comply with the mandates of the statute. Since the trial court failed to strictly comply with the provisions of R.C.
{¶ 10} Accordingly, we hold that the trial court erred in imposing the seven consecutive prison terms on Dickens. We sustain his first assignment of error, reverse the sentence and remand this case for resentencing.
{¶ 11} 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.
Doan, P.J., Painter and Winkler, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.