State v. Block

[Cite as State v. Block, 2022-Ohio-2704.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MIAMI COUNTY STATE OF OHIO : : Plaintiff-Appellee : Appellate Case No. 2021-CA-42 : v. : Trial Court Case Nos. 2019-CR-506 and : 2021-CR-397 ANSON M. BLOCK : : (Criminal Appeal from Defendant-Appellant : Common Pleas Court) : ........... OPINION Rendered on the 5th day of August, 2022. ........... MATTHEW C. JOSEPH, Atty. Reg. No. 0090869, Miami County Prosecutor’s Office, 201 West Main Street, Troy, Ohio 45373 Attorney for Plaintiff-Appellee MICHAEL J. SCARPELLI, Atty. Reg. No. 0093662, 210 West Main Street, Troy, Ohio 45373 Attorney for Defendant-Appellant ............. TUCKER, P.J. -2- {¶ 1} Defendant-appellant Anson M. Block appeals from his convictions for felony non-support of dependents and possession of cocaine. Block claims the trial court erred by sentencing him to consecutive sentences. Because the trial court made the requisite findings for the imposition of consecutive sentences and because Block has failed to demonstrate that the record does not support those findings, we affirm. I. Factual and Procedural History {¶ 2} In October 2019, Block was indicted in Miami C.P. No. 2019-CR-506 on three counts of felony non-support of dependents in violation of R.C. 2919.21(B). Block entered no contest pleas to the charges, was found guilty, and was sentenced to five years of community control sanctions. {¶ 3} On April 24, 2021, Block was arrested on an outstanding warrant. During the arrest, police officers discovered that Block was in possession of marijuana and eight separate bags of cocaine. He was charged by complaint with trafficking in drugs in violation of R.C. 2925.03(C)(4)(c), a fourth-degree felony. Block waived his right to prosecution by indictment and consented to prosecution by information in the common pleas court in Miami C.P. No. 2021-CR-397. {¶ 4} In May 2021, a notice of community control violation was filed in Case No. 2019-CR-506; it alleged that Block was found in possession of marijuana in April and that he had also failed to make required payments for court costs and supervision fees. Following a hearing, the trial court found that Block had committed the violations. -3- However, the trial court continued the community control sanctions. In August 2021, a second notice of community control violation was filed. A hearing was conducted, at which Block admitted to eight violations of the terms of his community control sanctions. The trial court revoked community control and set the matter for sentencing. {¶ 5} On November 1, 2021, the State filed an information in Case No. 2021-CR- 397 which charged Block with one count of possession of cocaine in violation of R.C. 2925.11(A)/(C)(4)(a). Block pled guilty to the charge and the matter was set for sentencing. {¶ 6} The sentencing hearing addressed both cases. In Case No. 2019-CR-506, the trial court imposed a prison term of 12 months on each of the counts of non-support of dependents, with the three sentences to be served concurrently. In Case No. 2021- CR-397, the trial court imposed a prison term …

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