State v. Wolpert, Ca2006-10-244 (9-17-2007)

OPINION

{¶ 1} Defendant-appellant, Joseph M. Woolpert, appeals the decision of the Butler County Court of Common Pleas to revoke his community control sanction and impose a three-year prison term.

{¶ 2} Appellant pled guilty to one count of burglary, a felony of the third degree, after he was ruled competent to stand trial. Appellant was accused of trespassing in an occupied dwelling. According to the bill of particulars, a female resident of the dwelling awoke to find appellant standing over her. Appellant was wearing only underwear and appeared to be masturbating.

{¶ 3} After the guilty plea,…