State v. Johnston, Unpublished Decision (10-24-2005)
State v. Johnston, Unpublished Decision (10-24-2005)
Opinion of the Court
{¶ 2} Counsel for defendant-appellant, Christopher R. Johnston, has filed a brief with this court pursuant to Anders v. California (1967),
{¶ 3} Having allowed appellant sufficient time to respond, and no response having been received, we have accordingly examined the record and found one error in the proceedings in the trial court. The trial court sentenced appellant to five years of post-release control for a second-degree felony conviction. A second-degree felony conviction is only subject to three years of post-release control. See R.C.
{¶ 4} In all other respects, our examination of the record discloses no other errors prejudicial to appellant's rights in the proceedings in the trial court.
{¶ 5} Therefore, it is the order of this court that the motion of counsel for appellant requesting to withdraw as counsel is granted, and the trial court's sentencing entry is hereby modified to reflect a three-year rather than five-year period of post-release control.
Powell, P.J., Walsh and Bressler, JJ., concur.
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