[Cite as State v. Boylen, 2012-Ohio-5503.]

COURT OF APPEALS 

TUSCARAWAS COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : JUDGES: 

 : Hon. Patricia A. Delaney, P.J. 

 Plaintiff-Appellee : Hon. Sheila G. Farmer, J. 

 : Hon. John W. Wise, J. 

-vs- : 

 : 

ADAM BOYLEN : Case No. 2012 AP 06 0039 

 : 

 Defendant-Appellant : O P I N I O N

CHARACTER OF PROCEEDING: Appeal from the Court of Common 

Pleas, Case No. 1999 CR 08 0147 

JUDGMENT: Affirmed 

DATE OF JUDGMENT: November 26, 2012 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

R. SCOTT DEEDRICK ADAM BOYLEN, PRO SE 

125 East High Avenue P.O. Box 184 

New Philadelphia, OH 44663 Canal Fulton, OH 44612 
Tuscarawas County, Case No. 2012 AP 06 0039 2 

Farmer, J. 

{¶1} On February 24, 2000, appellant, Adam Boylen, was sentenced to three 

years of community control to begin upon his release from prison on an unrelated 

matter. 

{¶2} On May 14, 2012, appellant filed a motion for an order to correct/clarify the 

February 24, 2000 judgment entry and find the community control sanction completed. 

By judgment entry filed June 4, 2012, the trial court denied the motion. 

{¶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 TO THE PREJUDICE OF DEFENDANTAPPELLANT BY ORDERING THE COMMUNITY CONTROL SENTENCE IMPOSED 

TO BE TOLLED." 

I 

{¶5} Appellant claims the trial court erred in tolling the community control 

sentence. We disagree. 

{¶6} R.C. 2929.15 governs community control sanctions. The version in effect 

at the time of appellant's sentencing stated the following in pertinent part: 

(A)(1) If in sentencing an offender for a felony the court is not required to 

impose a prison term, a mandatory prison term, or a term of life 

imprisonment upon the offender, the court may directly impose a sentence 

that consists of one or more community control sanctions authorized 
Tuscarawas County, Case No. 2012 AP 06 0039 3 

pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code. If 

the court is sentencing an offender for a fourth degree felony OMVI 

offense under division (G)(1) of section 2929.13 of the Revised Code, in 

addition to the mandatory term of local incarceration imposed under that 

division and the mandatory fine required by division (B)(3) of section 

2929.18 of the Revised Code, the court may impose upon the offender a 

community control sanction or combination of community control sanctions 

in accordance with sections 2929.16 and 2929.17 of the Revised Code. 

The duration of all community control sanctions imposed upon an offender 

under this division shall not exceed five years. 

{¶7} In its February 24, 2000 judgment entry, the trial court ordered the 

following: 

The Court hereby places the defendant, upon his release from 

incarceration on another matter, to three (3) years of Community Control 

based upon his convictions for the felony two robberies and three (3)

years of Community Control based upon his conviction for the felony three 

robberies. Said Community Control is to run concurrent to each other. 

{¶8} Appellant argues because the statute stated a trial court is to "directly 

impose" a community control sanction, then the sanction should have begun at the time 

of the original sentence on February 24, 2000, and therefore the sanction would have 

expired in 2003. Appellant further argues because the statute provided that the duration 
Tuscarawas County, Case No. 2012 AP 06 0039 4 

of all community control sanctions imposed shall not exceed five years, the tolling 

caused his sanction to exceed the five year limit. 

{¶9} In support of his arguments, appellant cites the cases of State v. Griffin, 

131 Ohio App.3d 696 (1st Dist. 1998), and State v. Brooks, 163 Ohio App.3d 241, 2005-

Ohio-4728 (4th Dist.). These cases involve subsequent sua sponte modifications to 

community control orders, not the original imposition of community control. Therefore, 

these cases are not applicable sub judice. 

{¶10} Although the trial court in this case did not specifically use the word 

"consecutive" in serving the community control sanction to the unrelated term of 

imprisonment already being served, in placing appellant on community control "upon his 

release from incarceration on another matter," the sentence was clearly to be served 

consecutively. State v. Henry, 5th Dist. No. 10CAA090075, 2011-Ohio-3217. 

{¶11} The trial court sentenced appellant to three years of community control to 

be served after his release from prison. The sentence does not exceed the five year 

limitation of R.C. 2929.15. State v. Kinder, 5th Dist. No. 03CAA12075, 2004-Ohio-4340; 

State v. O'Conner, 5th Dist. No. 04CAA04-028, 2004-Ohio-6752. 

{¶12} Upon review, we find the trial court did not err in ordering appellant to 

serve his community control after completing his prison sentence in an unrelated matter. 
Tuscarawas County, Case No. 2012 AP 06 0039 5 

{¶13} The judgment of the Court of Common Pleas of Tuscarawas County, Ohio 

is hereby affirmed. 

By Farmer, J. 

Delaney, P.J. and 

Wise, J. concur. 

 

 

 

 s/ Sheila G. Farmer________________ 

 

 s/ Patricia A. Delaney______________ 

 s/ John W. Wise___________________ 

 JUDGES 

SGF/sg 1029
[Cite as State v. Boylen, 2012-Ohio-5503.]

IN THE COURT OF APPEALS FOR TUSCARAWAS COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

ADAM BOYLEN : 

 : 

 Defendant-Appellant : CASE NO. 2012 AP 06 0039 

For the reasons stated in our accompanying Memorandum-Opinion, the 

judgment of the Court of Common Pleas of Tuscarawas County, Ohio is affirmed. 

Costs to appellant. 

 s/ Sheila G. Farmer________________ 

 

 s/ Patricia A. Delaney______________ 

 s/ John W. Wise___________________ 

 JUDGES