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State v. Morton2/28/2002
APPEALS from the Franklin County Court of Common Pleas.
Donald Morton, defendant-appellant, appeals from the judgments of the Franklin County Court of Common Pleas in three separate cases that are consolidated for the purpose of review.
On July 15, 1999, appellant entered a guilty plea to receiving stolen property, in violation of R.C. 2913.51, a felony of the fourth degree. The guilty plea related his possession, on March 18, 1999, of a motor vehicle that belonged to Budget Rental Car and had been taken from the owner under a fraudulent rental contract. In consideration of the guilty plea and the request of the prosecutor, the court entered a nolle prosequi on the additional charges of theft and forgery that arose from the same sequence of events. On September 28, 1999, appellant was sentenced to a term of seventeen months at the Ohio Department of Rehabilitation and Correction, to be served concurrently with a misdemeanor conviction in another case, not subject of this appeal. The court also ordered appellant to make restitution to Budget Rental Car in the amount of $870.
The court granted appellant's Motion for Judicial Release in the receiving stolen property case on February 28, 2000. The prosecution did not oppose the motion. Further, execution of the seventeen-month sentence was suspended and appellant was placed on probation for a period of five years. In addition to general conditions of probation, the following special conditions were imposed: undergo intensive supervision; complete restitution to Budget Rental Car; pay court costs; perform eighty hours of community service; maintain verifiable employment and a verifiable address; complete a drug and alcohol assessment, as well as treatment and aftercare, if recommended; participate in random urine screens; and commit no new violations of law. A condition to pay child support, as ordered by the Franklin County Child Support Enforcement Agency, was added by an entry journalized on May 22, 2000.
On October 17, 2000, appellant entered a guilty plea to one count of forgery, in violation of R.C. 2913.31, a felony of the fifth degree. This guilty plea related to his attempt, on December 23, 1998, to pass a counterfeit check, drawn on the Huntington National Bank account of Act-I Temporaries, Inc., payable to Donald M. Morton. In consideration of this guilty plea, at the request of the prosecutor, the court entered a nolle prosequi on another forgery charge and two counts of possession of criminal tools, the two counterfeit checks.
Immediately after accepting appellant's guilty plea to forgery, the court imposed a five-year period of community control to run consecutive to the probationary period ordered when judicial release was granted on the receiving stolen property conviction. The conditions of community control were essentially the same as the conditions of probation applicable under the previous conviction, except that the court ordered restitution to Huntington National Bank in the amount of $790, and required appellant to perform an additional eighty hours of community service.
While subject to community control, appellant was arrested in connection with the theft of merchandise from a Kroger store on January 1, 2001. He was subsequently indicted on one count of theft, in violation of R.C. 2913.02, a felony of the fifth degree. Based upon the new indictment and other specified violations of the conditions of his probation in the receiving stolen property case and the community control sanctions in the forgery case, the probation department asked the trial court to revoke community control. The court scheduled the first hearing on that request on February 26, 2001, a
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