Failure to Advise at Sentencing Was Error

The defendant-appellant in this case had been sentenced to two years imprisonment
for violation of community control. She appealed this judgment, and her
prison sentence was reversed as well as post-release control terminated.
Nearly three years ago, the defendant-appellant pled guilty to the second-degree
felony of burglary. She entered into the plea agreement stating that she
would comply with community control permissions. She signed the agreement
with the knowledge that a violation could warrant imprisonment up to eight
years. The key phrase here is “up to.” While the oral agreement
was “up to” eight years, the written sentencing entry was “eight
years concurrently.” Imposition of prison sentence following defendant’s
violation of community control was error where trial court’s statement
that she was subject to “up to eight years of imprisonment”
failed to inform defendant of the specific prison term she was subject
to for a violation, R.C. 2929.19(B)(5).