State v. Adams
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[Cite as State v. Adams, 2003-Ohio-3247.] IN THE COURT OF APPEALS FOR CHAMPAIGN COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 2002 CA 25 v. : T.C. NO. 1999 CR 216 JEREMY ADAMS : (Criminal Appeal from Common Pleas Court) Defendant-Appellant : : : .......... OPINION Rendered on the 20th day of June , 2003. .......... JACK W. WHITESELL, JR., Atty. Reg. No. 0041944, Assistant County Prosecutor, 200 N. Main Street, Urbana, Ohio 43078 Attorney for Plaintiff-Appellee TERRY R. HART, Atty. Reg. No. 0068292, 201 West Court Street, Urbana, Ohio 43078 Attorney for Defendant-Appellant .......... WOLFF, J. {¶1} We permitted Jeremy Adams a late appeal from a judgment revoking previously imposed community control and sentencing Adams to concurrent prison sentences of seventeen months and three years. {¶2} 2 On February 27, 2003, Adams filed his brief in this court wherein he advanced a single assignment of error. {¶3} THE TRIAL COURT ERRED IN SENTENCING APPELLANT TO A TERM OF IMPRISONMENT UPON REVOCATION OF THE COMMUNITY CONTROL SANCTION AS THE COURT DID NOT ADVISE APPELLANT OF A SPECIFIC TERM OF IMPRISONMENT AT THE TIME APPELLANT WAS PLACED ON COMMUNITY CONTROL. {¶4} On March 26, 2003, the State filed its responsive brief and conceded that Adams assignment of error should be sustained. {¶5} Both parties agree that our opinion and judgment in State v. Bradley (Jan. 17, 2003), Champaign App. No. 2002-CA-11 is controlling. {¶6} This court has recently received a copy of a journal entry from the trial court which is file stamped April 22, 2003. This journal entry reflects that a hearing was conducted April 14, 2003, pursuant to which the concurrent sentences mentioned above were vacated, Adams was restored to community control, and three years imprisonment was announced as Adams sentence should community control again be revoked. {¶7} It appears to us that Adams has received from the trial court the relief he seeks from this court and that this appeal is now moot. {¶8} This appeal is DISMISSED. .......... FAIN, P.J. and BROGAN, J., concur. Copies mailed to: Jack W. Whitesell, Jr. 3 Terry R. Hart Hon. Roger B. Wilson
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