State v. Holton, Unpublished Decision (3-31-2005)
State v. Holton, Unpublished Decision (3-31-2005)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant, Kenneth L. Holton ("appellant"), appeals the sentence imposed upon him by entry of the Franklin County Court of Common Pleas journalized on June 22, 2004. For the reasons that follow, we reverse the judgment and remand this case for resentencing.{¶ 2} On January 10, 2003, appellant was indicted on five counts of forgery, felonies of the fifth degree, in violation of R.C.
{¶ 3} On June 18, 2004, appellant was before the court for a community control revocation hearing. Appellant stipulated to probable cause and to the violations alleged. Upon resentencing, the court imposed the maximum sentence of one year of incarceration on each count and ordered said terms to be served consecutively.
{¶ 4} It is from this sentence, that appellant raises the following single assignment of error:
The trial court erred when it sentenced Appellant to prison after a violation of community control sanctions when the court, at the time of the original sentencing hearing, did not specify what sentence Appellant would receive upon a violation of the terms of community control.
{¶ 5} In State v. Brooks,
Pursuant to R.C.
{¶ 6} The State of Ohio concedes that the court did not provide the requisite notice of a specific prison term which would be imposed for a violation of community control and concedes error by the trial court in imposing a prison term at the second sentencing hearing.
{¶ 7} Upon review of the record, this court finds that the trial court did not notify appellant of the required notification as to the specific prison term that may be imposed in the event of a subsequent violation of community control sanctions. Therefore, on the authority of Brooks, the trial court's judgment is reversed and this matter is remanded for resentencing consistent with this opinion.
Judgment reversed and remanded.
Bryant and Petree, JJ., concur.
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