.]
COURT OF APPEALS
MUSKINGUM COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. W. Scott Gwin, P.J.
Plaintiff-Appellee : Hon. John W. Wise, J.
: Hon. Earle E. Wise, Jr., J.
-vs- :
:
TROY G. KEPLER : Case No. CT2016-0065
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. CR2016-0145
JUDGMENT: Affirmed
DATE OF JUDGMENT: June 5, 2016
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
GERALD V. ANDERSON, II KATHERINE ROSS-KINZIE
27 North Fifth Street 250 East Broad Street
P.O. Box 189 Suite 1400
Zanesville, OH 43702-0189 Columbus, OH 43215
Muskingum County, Case No. CT2016-0065 2
Wise, Earle, J.
{¶ 1} Plaintiff-Appellant, Troy Kepler, appeals the December 6, 2016 entry of the
Court of Common Pleas of Muskingum County, Ohio, sentencing him for a post-release
control violation. Defendant-Appellee is the state of Ohio.
FACTS AND PROCEDURAL HISTORY
{¶ 2} On April 28, 2016, the Muskingum County Grand Jury indicted appellant, a
previously convicted sex offender, on one count of failure to register address change in
violation of R.C. 2950.05. This was appellant's fifth violation for failing to register address
change (Case Nos. CR2003-0025, CR2007-0206, CR2011-0064, and CR2013-0225).
{¶ 3} On October 24, 2016, appellant pled guilty to the charge. By entry filed
December 6, 2016, the trial court sentenced appellant to thirty months in prison,
terminated his post-release control in the 2013 case, and ordered him to serve the
remainder of his post-release control, to be served consecutively to the thirty month
sentence.
{¶ 4} Appellant filed an appeal and this matter is now before this court for
consideration. Assignment of error is as follows:
I
{¶ 5} "THE TRIAL COURT ERRED WHEN IT IMPOSED A JUDICIAL-
SANCTION SENTENCE ON MR. KEPLER FOR VIOLATING A VOID POSTRELEASE-
CONTROL SANCTION AND HIS JUDICIAL-SANCTION SENTENCE IS THEREFORE
CONTRARY TO LAW."
Muskingum County, Case No. CT2016-0065 3
I
{¶ 6} In his sole assignment of error, appellant claims the trial court erred in
imposing a judicial sanction sentence for violating a void post-release control sanction.
We disagree.
{¶ 7} Specifically, appellant argues he was not properly notified of the
consequences of violating post-release control in Case No. CR2013-0225. In reviewing
the post-release control notification language in the 2013 judgment entry (attached to the
December 5, 2016 sentencing hearing transcript as Exhibit 1), we find the language to be
sufficient under the authority of State v. Grimes, Slip Opinion No.
2017-Ohio-2927
. The
transcript of the 2013 sentencing hearing has not been provided for our review; therefore,
we presume regularity in the proceeding.
{¶ 8} The sole assignment of error is denied.
Muskingum County, Case No. CT2016-0065 4
{¶ 9} The judgment of the Court of Common Pleas of Muskingum County, Ohio
is hereby affirmed.
By Wise, Earle, J.
Gwin, P.J. and
Wise, John, J. concur.
EEW/sg 519
