COURT OF APPEALS OF OHIO, EIGHTH DISTRICT COUNTY OF CUYAHOGA NO. 71696 STATE OF OHIO : : JOURNAL ENTRY PLAINTIFF-APPELLEE : : AND v. : : OPINION DAVID GUNDIC : : DEFENDANT-APPELLANT : : DATE OF ANNOUNCEMENT OF DECISION: NOVEMBER 13, 1997 CHARACTER OF PROCEEDING: Criminal appeal from Court of Common Pleas, Case No. CR-273981. JUDGMENT: AFFIRMED. DATE OF JOURNALIZATION: APPEARANCES: For Plaintiff-Appellee: Stephanie Tubbs Jones Cuyahoga County Prosecutor John F. Corrigan Assistant County Prosecutor The Justice Center 1200 Ontario Street Cleveland, Ohio 44113 For Defendant-Appellant: Robert A. Dixon, Esq. 1280 West 3rd Street, #100 Cleveland, Ohio 44113 2 SWEENEY, JAMES D., C.J.: Defendant-appellant David Gundic appeals from the trial court's determination that he violated the terms of his probation. In 1992, the appellant was convicted of aggravated vehicular assault in violation of R.C. 2903.08, with a violence specification. For this offense he was sentenced to a term of one and one-half to five years incarceration. Subsequently, the trial court granted the appellant shock probation. On September 26, 1996, the appellant appeared before the trial court once more. The appellant admitted to violating his probation based upon a finding of guilt by the trial court in Common Pleas Case No. 339320, and a plea of guilt in Common Pleas Case No. 332209. These cases have been appealed to this Court, and bear the Appellate Case Numbers 71698 and 71697, respectively. The court imposed the appellant's original sentence, to be served consecutively with the sentences in the above cases. The appellant sets forth one assignment of error: THE APPELLANT'S PROBATION VIOLATION MUST BE VACATED, AS IT WAS BASED SOLELY UPON INVALID CONVICTIONS IN TWO OTHER CASES. The appellant argues that since the court found him to have violated his probation solely on the convictions in Appellate Case Nos. 71697 and 71698, and since these convictions should be overturned by this court, that his probation should be reinstated. R.C. 2951.02(C) requires that a defendant, during the pendency of probation, is required to abide by the law. In order to revoke probation the court must comply with Crim.R. 32.3(A), which states: The court shall not revoke probation except after a hearing at which the defendant shall be presented and apprised of the grounds on 3 which such action is proposed. Due process requires that the defendant be informed of the reasons for revoking his probation. Columbus v. Beuthin (1996), 108 Ohio App.3d 651, citing to Gagnon v. Scarpelli (1973), 411 U.S. 778. In the case sub judice, the trial court complied with the mandates of the law and the criminal rules. A hearing was held, the court informed the appellant that the basis for the violation was his guilt in two subsequent criminal offenses, and the appellant admitted that he violated his probation. Since this court has affirmed the appellant's convictions which led the revocation of his probation, the appellant's sole assignment of error is not well taken. See State v. Gundic (November 13, 1997), Cuyahoga App. No. 71697, unreported, and State v. Gundic (November 13, 1997), Cuyahoga App. No. 71698, unreported. Judgment affirmed. 4 It is ordered that appellee recover of appellant its costs herein taxed. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. JAMES M. PORTER, and, DIANE KARPINSKI, J., CONCUR. ______________________________ JAMES D. SWEENEY CHIEF JUSTICE N.B. This entry is an announcement of the court's decision. See App.R. 22(B), 22(D) and 26(A); Loc.App.R. 27. This decision will be journalized and will become the judgment and order of the court pursuant to App.R. 22(E) unless a motion for reconsideration with supporting brief, per App.R. 26(A), is filed within ten (10) days of the announcement of the court's decision. The time period for review by the Supreme Court of Ohio shall begin to run upon the journalization of this court's announcement of decision by the .