State v. Rugg

Summary

The Fifth District Court of Appeals held that the trial court lacked authority to impose consecutive prison terms upon revocation of community control because it had not previously advised the defendant that the reserved terms could be imposed consecutively. Relying on R.C. 2929.19(B)(4) and State v. Jones, the court sustained the assignment of error, vacated the consecutive-sentence portion of the judgment, and remanded for resentencing.

Holdings

1. At the time community control is imposed, the trial court must advise the offender that reserved prison terms may be imposed consecutively if community control is violated. Without that notice, the court lacks authority to impose the reserved terms consecutively upon revocation.

Questions Presented

1. Whether a trial court may impose consecutive prison terms upon revocation of community control when, at the original community-control sentencing, it did not advise the defendant that the reserved prison terms could be imposed consecutively.

Disposition

vacated