DocketNumber: Appeal No. C-020545, Trial No. B-0107459B.
Judges: <bold>Sundermann, Presiding Judge</bold>.
Filed Date: 8/6/2003
Status: Non-Precedential
Modified Date: 4/18/2021
{¶ 2} Defendant-appellant Edmond Parson was convicted of trafficking in cocaine, a felony of the fifth degree. He was sentenced to eleven months' incarceration.
{¶ 3} Parson's sole assignment of error alleges that the trial court erred by improperly sentencing him. Parson first argues that the trial court erred in sentencing him to a term of imprisonment for a fifth-degree felony without making the requisite findings pursuant to R.C.
{¶ 4} The trial court noted on the felony-sentencing worksheet that Parson had previously served a prison term, one of the R.C.
{¶ 5} Parson's sentence was within the term permitted by statute for a fifth-degree felony and it was not the maximum sentence. The transcript of the proceedings and the journal entries demonstrate that the trial court followed the sentencing guidelines in imposing Parson's sentence. We have reviewed the record, and we cannot say that Parson's sentence was not supported by clear and convincing evidence or that it was contrary to law.
{¶ 6} Parson also contends that the trial court erred in failing to notify him about the possibility of post-release control and the ramifications of violating post-release control supervision or post-release control sanctions as mandated by R.C.
{¶ 7} The assignment of error is sustained to the extent that it alleges that the trial court erred by failing to inform Parson of the possibility of post-release control, and it is overruled in all other respects. Therefore, we vacate Parson's sentence and remand this case for resentencing and for the trial court to notify Parson about post-release controls and sanctions as required by R.C.
{¶ 8} Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Doan and Painter, JJ.