.]
COURT OF APPEALS
STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Patricia A. Delaney, P.J.
Plaintiff-Appellee : Hon. William B. Hoffman, J.
: Hon. Sheila G. Farmer, J.
-vs- :
:
ROBERT R. RAYNER : Case No. 2012CA00013
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 2006CR1217
JUDGMENT: Affirmed
DATE OF JUDGMENT: July 16, 2012
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
JOHN D. FERRERO GEORGE URBAN
Prosecuting Attorney 116 Cleveland Avenue, NW
By: KATHLEEN O. TATARSKY Suite 808
Assistant Prosecuting Attorney Canton, OH 44702
110 Central Plaza South
Suite 510
Canton, OH 44702
Stark County, Case No. 2012CA00013 2
Farmer, J.
{¶1} On August 2, 2006, the Stark County Grand Jury indicted appellant,
Robert Rayner, on two counts of gross sexual imposition in violation of R.C. 2907.05
and one count of receiving stolen property in violation of R.C. 2913.51. Appellant pled
guilty to all counts on August 9, 2006. By change of plea and sentence filed August 15,
2006, the trial court sentenced appellant to an aggregate term of four years in prison.
{¶2} On December 5, 2011, the trial court held a postrelease control hearing
pursuant to R.C. 2929.191. By judgment entry filed December 14, 2011, the trial court
sentenced appellant to mandatory five years of postrelease control.
{¶3} Appellant filed an appeal and this matter is now before this court for
consideration. Assignment of error is as follows:
I
{¶4} "THE TRIAL COURT ERRED IN IMPOSING MANDATORY POST-
RELEASE CONTROL AT THE END OF APPELLANT'S PRISON TERM AFTER A
RESENTENCING HEARING."
I
{¶5} Appellant claims the trial court erred in imposing mandatory postrelease
control upon resentencing. We disagree.
{¶6} Appellant argues if he knew when he entered his pleas in 2006 that he
would be subject to mandatory five years of postrelease control, "it may have had an
impact on his decision to enter a plea in August of 2006." Appellant's Brief at 6.
{¶7} On August 9, 2006, appellant signed a plea agreement wherein he
acknowledged being advised by his attorney that he would be subject to mandatory five
Stark County, Case No. 2012CA00013 3
years postrelease control. The change of plea and sentence filed August 15, 2006
informed appellant that he was subject to mandatory five years postrelease control. In
August of 2006, appellant was fully aware of his mandatory five years postrelease
control.
{¶8} On December 5, 2011, the trial court held a hearing to reimpose
postrelease control due to a typographical error and State v. Singleton,
,
paragraph four of the syllabus, "[t]he scope of an appeal from a resentencing hearing in
which a mandatory term of postrelease control is imposed is limited to issues arising at
the resentencing hearing."
{¶10} Upon review, we find the trial court sub judice properly notified appellant of
the mandatory five years postrelease control requirement under R.C. 2967.28(B). T. at
5-6; Judgment Entry filed December 14, 2011.
{¶11} The sole assignment of error is denied.
Stark County, Case No. 2012CA00013 4
{¶12} The judgment of the Court of Common Pleas of Stark County, Ohio is
hereby affirmed.
By Farmer, J.
Delaney, P.J. and
Hoffman, J. concur.
s/ Sheila G. Farmer________________
_s/ Patricia A. Delaney_____________
s/ William B. Hoffman______________
JUDGES
SGF/sg 612
[Cite as State v. Rayner,
2012-Ohio-3228
.]
IN THE COURT OF APPEALS FOR STARK COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO :
:
Plaintiff-Appellee :
:
-vs- : JUDGMENT ENTRY
:
ROBERT R. RAYNER :
:
Defendant-Appellant : CASE NO. 2012CA00013
For the reasons stated in our accompanying Memorandum-Opinion, the
judgment of the Court of Common Pleas of Stark County, Ohio is affirmed. Costs to
appellant.
s/ Sheila G. Farmer________________
_s/ Patricia A. Delaney_____________
s/ William B. Hoffman______________
JUDGES
