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State v. Armpriester, 21930 (2-1-2008)
Citation: 2008 Ohio 401Docket: No. 21930.
Court: Ohio Court of Appeals; January 31, 2008; Ohio; State Appellate Court
Defendant Derek Armpriester was convicted of aggravated robbery and, while on post-release control, failed to report to his parole officer. This led to his indictment for escape and a revocation of his post-release control, resulting in a five-month prison term imposed by the Ohio Adult Parole Authority (APA). Armpriester later pled no contest to the escape charge, and the court initially agreed to recommend that the two-year sentence run concurrently with the APA's five-month term. However, upon discovering that concurrent sentencing was not permissible, the court resentenced him to serve the two-year term consecutively to the five-month term. Armpriester appealed, arguing that the trial court erred in imposing consecutive sentences based on a mistaken belief regarding its discretion. The court agreed that R.C. 2929.14(E)(2), which requires consecutive sentences for certain escape offenses, did not apply because he was not an inmate at the time of the offense. However, it clarified that under R.C. 2929.141(B)(1), consecutive sentences are mandated when a felony is committed while on post-release control, which applied in this case. Armpriester also contended that his multiple sentences violated double jeopardy protections, but this argument was rejected based on precedent that allows for multiple sentences under the relevant statutes. Both assignments of error were overruled, and the trial court's judgment was affirmed.