[Cite as State v. Oglesby, 2019-Ohio-1456.] IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO STATE OF OHIO, : APPEAL NOS. C-180177 C-180178 Plaintiff-Appellee, TRIAL NOS. C-16CRB-29420 : 1 16CRB-22419 vs. O P I N I O N. FRANKLIN OGLESBY, Defendant-Appellant. Criminal Appeals From: Hamilton County Municipal Court Judgments Appealed From Are: Affirmed Date of Judgment Entry on Appeal: April 19, 2019 Joseph T. Deters, Hamilton County Prosecuting Attorney, and Sean M. Donovan, Assistant Prosecuting Attorney, and Paula Boggs Meuthing, City Solicitor, Natalie Harris, City Prosecutor, and Christopher Liu, Appellate Director, for Plaintiff- Appellee. James A. Anzelmo, for Defendant-Appellant. OHIO FIRST DISTRICT COURT OF APPEALS CROUSE, JUDGE. {¶1} Franklin Oglesby has appealed from the municipal court’s judgments in two cases in which it revoked his community control and imposed consecutive jail sentences. The cases were consolidated for purposes of appeal. {¶2} In two assignments of error, Oglesby argues that the trial court abused its discretion when it revoked his community control and sentenced him to jail in violation of his rights under the Fourteenth Amendment to the United States Constitution, and that the trial court erred when it sentenced him to consecutive sentences in violation of his rights to due process, guaranteed by Article I, Section 10 of the Ohio Constitution and the Fifth and Fourteenth Amendments to the United States Constitution. Factual Background {¶3} On January 10, 2017, Oglesby pled guilty to theft from a Target store in the jurisdiction of Hamilton County in the appeal numbered C-180177. He received a suspended jail sentence of 179 days, was ordered to pay a $200 fine and court costs, to stay away from all Target stores and to complete 20 hours of community service, and was placed on community control for one year. {¶4} On March 29, 2017, Oglesby pled guilty to theft from a Burlington Coat store in the jurisdiction of the city of Cincinnati in the appeal numbered C-180178. He received a suspended jail sentence of 180 days, was ordered to pay a $150 fine and court costs, to stay away from all Burlington stores, to complete a corrective- 2 OHIO FIRST DISTRICT COURT OF APPEALS thinking class and to complete 40 hours of community service, and was placed on community control for one year. {¶5} Oglesby violated community control in both cases. On February 12, 2018, Oglesby pled no contest to and was found guilty of violating community control for the Target store theft for failing to pay his fine, failing to report to his probation officer, and incurring new criminal charges. The trial court imposed the suspended 179-day jail sentence. {¶6} On March 8, 2018, Oglesby pled no contest to and was found guilty of violating community control for the Burlington store theft for failing to report to his probation officer, incurring new criminal charges, failing to complete the corrective- thinking class, failing to complete community service, and failing to pay his fine. The trial court imposed the suspended 180-day sentence in the ...
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