[Cite as State v. Snelling, 2013-Ohio-2633.]
COURT OF APPEALS
RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO JUDGES:
Hon. William B. Hoffman, P.J.
Plaintiff-Appellee Hon. Patricia A. Delaney, J.
Hon. Craig R. Baldwin, J.
-vs-
Case No. 12CA79
REGINALD SNELLING
Defendant-Appellant OPINION
CHARACTER OF PROCEEDING: Appeal from the Richland County Court of
Common Pleas, Case No. 10-CR-43 D
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: June 21, 2013
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JAMES J. MAYER, JR. JAMES L. BLUNT, II
PROSECUTING ATTORNEY 445 West Longview Avenue
RICHLAND COUNTY, OHIO Mansfield, Ohio 44903
BY: JILL M. COCHRAN
Assistant Richland County Prosecutor
38 South Park Street
Mansfield, Ohio 44902
Richland County, Case No. 12CA79 2
Hoffman, P.J.
{¶1} Defendant-appellant Reginald Snelling appeals his sentence entered by
the Richland County Court of Common Pleas. Plaintiff-appellee is the state of Ohio.
STATEMENT OF THE CASE1
{¶2} On June 8, 2010, Appellant was found guilty by a jury of abduction, failure
to comply with an order or signal of a police officer and assault on a police officer. Via
Sentencing Entry of June 15, 2010, Appellant was sentenced to seven years in prison
and a mandatory three year term of post-release control.
{¶3} On June 14, 2010, Appellant filed a direct appeal from his conviction with
this Court in State v. Snelling, Fifth Dist. Case No. 10-CA-94. This Court affirmed
Appellant’s conviction via Judgment Entry of June 22, 2011. See, State v. Snelling, 5th
Dist. No. 10-CA-94, 2011-Ohio-3222.
{¶4} On October 11, 2011, Appellant filed a pro se motion to vacate his
sentence and for appointment of counsel. Via Judgment Entry of December 8, 2011,
the trial court overruled Appellant’s motion.
{¶5} On April 9, 2012, Appellant filed a pro se motion for sentencing. His
motion was denied via Judgment Entry filed August 9, 2012.
{¶6} It is from that entry, Appellant prosecutes this appeal, assigning as error:
{¶7} “I. THE TRIAL COURT ERRED BY FAILING TO ORALLY PRONOUNCE
NOTIFICATION OF THE IMPOSITION OF POST RELEASE CONTROL AND THE
1
A rendition of the underlying facts is unnecessary for our resolution of the within
appeal.
Richland County, Case No. 12CA79 3
CONSEQUENCES OF A VIOLATION OF POST RELEASE CONTROL; THEREBY
RENDERING THE SENTENCING VOID.”
{¶8} In the sole assigned error, Appellant maintains the trial court erred during
his sentencing in failing to orally pronounce the time period of post-release control and
the consequences of violation as statutorily mandated by R.C. 2943.032. Appellant
maintains his sentence is therefore void.
{¶9} R.C. 2943.032 reads,
{¶10} “Prior to accepting a guilty plea or a plea of no contest to an indictment,
information, or complaint that charges a felony, the court shall inform the defendant
personally that, if the defendant pleads guilty or no contest to the felony so charged or
any other felony, if the court imposes a prison term upon the defendant for the felony,
and if the offender violates the conditions of a post-release control sanction imposed by
the parole board upon the completion of the stated prison term, the parole board may
impose upon the offender a residential sanction that includes a new prison term of up to
nine months.”
{¶11} The statute pertains to the trial court’s acceptance of a guilty plea or of a
plea of no contest. As set forth in the Statement of the Case, supra, Appellant was
convicted of the charges following a jury trial. Therefore, Appellant’s reliance on R.C.
2943.032 is misplaced. For the same result see, State v. Reid, 2nd Dist. No. 24841,
2012-Ohio-2666 and State v. Panza, 8th Dist. No. 841777, 2005-Ohio-94.
{¶12} The sole assignment of error is overruled.
Richland County, Case No. 12CA79 4
{¶13} Appellant’s sentence in the Richland County Court of Common Pleas is
affirmed.
By: Hoffman, P.J.
Delaney, J. and
Baldwin, J. concur
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ Patricia A. Delaney _________________
HON. PATRICIA A. DELANEY
s/ Craig R. Baldwin ___________________
HON. CRAIG R. BALDWIN
Richland County, Case No. 12CA79 5
IN THE COURT OF APPEALS FOR RICHLAND COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
REGINALD SNELLING :
:
Defendant-Appellant : Case No. 12CA79
For the reason stated in our accompanying Opinion, Appellant’s sentence in the
Richland County Court of Common Pleas is affirmed. Costs to Appellant.
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ Patricia A. Delaney _________________
HON. PATRICIA A. DELANEY
s/ Craig R. Baldwin ___________________
HON. CRAIG R. BALDWIN