State v. Endress, Ca2007-03-079 (4-7-2008)

OPINION

{¶ 1} Defendant-appellant, David Endress, appeals the decision of the Butler County Court of Common Pleas to impose a prison sentence after he pled guilty to and was convicted of the offense of felony nonsupport of dependents.

{¶ 2} Appellant argues under his single assignment of error that his 11-month prison sentence for a fifth-degree felony is contrary to law and unsupported by clear and convincing evidence because he was amenable to community control sanctions and the trial court erroneously relied upon the fact that appellant previously failed to appear in court to find appellant…