[Cite as State v. Oliver, 2011-Ohio-3950.]
COURT OF APPEALS
DELAWARE COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO
Plaintiff-Appellee
-vs-
KEVIN OLIVER, II
Defendant-Appellant
JUDGES:
Hon. William B. Hoffman, P.J.
Hon. Julie A. Edwards, J.
Hon. Patricia A. Delaney, J.
Case No. 11CAA020021
OPINION
CHARACTER OF PROCEEDING: Appeal form the Delaware County Court of
Common Pleas, Case No. 09 CR I 09 0450
JUDGMENT: Reversed and Final Judgment Entered
DATE OF JUDGMENT ENTRY: August 8, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
CAROL HAMILTON O'BRIEN WILLIAM T. CRAMER
Delaware County Prosecuting Attorney 470 Olde Worthington Road, Suite 200
GREGORY A. TAPOCSI Westerville, Ohio 43082
Assistant Prosecuting Attorney
140 N. Sandusky St., 3rd Floor
Delaware, Ohio 43015
Hoffman, P.J.
{¶1} Defendant-appellant Kevin Oliver, II appeals the sentence entered by the
Delaware County Court of Common Pleas, following his guilty plea to six counts of
burglary, two counts of attempted burglary, and one count of grand theft. Appellant was
ordered to serve a total of nine and one half years in prison in addition to other
penalties. The trial court included the following in its Judgment Entry of Sentence
entered January 28, 2011:
{¶2} “The Court does not approve the Intensive Prison Program or Transitional
Control.”
{¶3} It is from his sentencing entry Appellant prosecutes this appeal assigning
as error:
{¶4} “I. DEFENDANT’S STATE AND FEDERAL RIGHTS TO DUE PROCESS
WERE VIOLATED WHEN THE TRIAL COURT DISAPPROVED TRANSITIONAL
CONTROL UNDER R.C. 2967.26 AT SENTENCE.”1
{¶5} This Court has previously addressed this exact issue in State v. Spears,
2011-Ohio-1538. Upon review we adhere to our prior precedent.
{¶6} Appellant’s sole assignment of error is sustained.
1
A rendition of the facts is unnecessary for our disposition of this appeal.
{¶7} The judgment of the trial court is reversed.
By: Hoffman, P.J.
Edwards, J. and
Delaney, J. concur
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ Julie A. Edwards___________________
HON. JULIE A. EDWARDS
s/ Patricia A. Delaney _________________
HON. PATRICIA A. DELANEY
IN THE COURT OF APPEALS FOR DELAWARE COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
KEVIN OLIVER, II :
:
Defendant-Appellant : Case No. 11CAA020021
For the reason stated in our accompanying Opinion, the judgment of the
Delaware County Court of Common Pleas is reversed. This Court orders the Judgment
Entry of Sentence entered by the trial court and filed on January 28, 2011, shall
constitute the final judgment of sentence with the singular exception the first full
paragraph on page three thereof, which reads, “The Court does not approve the
Intensive Prison Program or Transitional Control” is ordered stricken therefrom.
s/ William B. Hoffman _________________
HON. WILLIAM B. HOFFMAN
s/ Julie A. Edwards___________________
HON. JULIE A. EDWARDS
s/ Patricia A. Delaney
HON. PATRICIA A. DELANEY