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).