State v. Holland , 2011 Ohio 6042 ( 2011 )

[Cite as State v. Holland, 2011-Ohio-6042.]
COURT OF APPEALS
LICKING COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. William B. Hoffman, P.J.
Plaintiff-Appellee : Hon. Sheila G. Farmer, J.
: Hon. Patricia A. Delaney, J.
-vs- :
:
BRIAN E. HOLLAND : Case No. 11-CA-47
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 10-CR-628
JUDGMENT: Reversed and Remanded
DATE OF JUDGMENT: November 18, 2011
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
BRIAN WALTZ WILLIAM T. CRAMER
20 South Second Street 470 Olde Worthington Road
4th Floor Suite 200
Newark, OH 43055 Westerville, OH 43082
Licking County, Case No. 11-CA-47 2
Farmer, J.
{¶1} On November 12, 2010, the Licking County Grand Jury indicted appellant,
Brian Holland, on one count of illegally manufacturing drugs in violation of R.C. 2925.04
and one count of illegally assembling or possessing chemicals for the manufacture of
drugs in violation of R.C. 2925.041. A jury trial commenced on March 22, 2011. The
jury found appellant guilty. By judgment entry filed March 23, 2011, the trial court
sentenced appellant to seven years in prison, and included a provision that appellant
was not to be considered or released on transitional control.
{¶2} Appellant filed an appeal and this matter is now before this court for
consideration. Assignment of error is as follows:
I
{¶3} "THE TRIAL COURT ERRED BY INCLUDING IN THE SENTENCING
ENTRY A PROVISION THAT APPELLANT IS NOT TO BE CONSIDERED OR
RELEASED ON TRANSITIONAL CONTROL."
I
{¶4} Appellant claims the trial court erred by including in the sentencing entry a
provision that he is not to be considered or released on transitional control. We agree.
{¶5} Based upon this court's well reasoned opinion in State v. Spears, Licking
App. No. 10-CA-95, 2011-Ohio-1538, ¶34-38, this assignment of error is granted.
Licking County, Case No. 11-CA-47 3
{¶6} The judgment of the Court of Common Pleas of Licking County, Ohio is
hereby reversed, and the matter is remanded to said court for resentencing without the
transitional control language.
By Farmer, J.
Hoffman, P.J. and
Delaney, J. concur.
s/ Sheila G. Farmer_____________
s/ William B. Hoffman___________
s/ Patricia A. Delaney_______________
JUDGES
SGF/sg 1026
IN THE COURT OF APPEALS FOR LICKING COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
BRIAN E. HOLLAND :
:
Defendant-Appellant : CASE NO. 11-CA-47
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Licking County, Ohio is reversed, and the
matter is remanded to said court for resentencing without the transitional control
language. Costs to appellee.
s/ Sheila G. Farmer_____________
s/ William B. Hoffman___________
s/ Patricia A. Delaney_______________
JUDGES