State v. Abner, 122 N.E.3d 582

Angela Abner pleaded guilty to trafficking in heroin (one case) and two counts of felony theft (another case) and was sentenced to community control in each case.
Community-control conditions included monthly reporting, no illegal drug use, fees/restitution, community service, GED, and a recovery program.
The state moved to revoke after Abner admitted relapsing and testing positive for heroin in October 2013 and otherwise violating reporting and program conditions.
At the revocation hearing Abner admitted she relapsed and did not claim inadvertent ingestion.
The trial court revoked community control and imposed prison terms: 12 months for trafficking and concurrent 9-month terms for the two theft counts, ordered consecutive to the trafficking sentence for an aggregate 21 months.
Abner appealed, arguing her violations were only "technical" and thus the trial court was limited by R.C. 2929.15(B)(1)(c)(i) to a 90-day cap.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Abner's community-control violations were "technical" so R.C. 2929.15(B)(1)(c)(i) caps any prison term at 90 days	Abner: Violations were only technical (no new criminal charge), so 90-day cap applies	State (and trial court): Her admitted heroin use is criminal (felony), not a mere technical violation, so no 90-day cap	Court: Held Abner's knowing use/possession of heroin is a felony and thus not a technical violation; 90-day cap does not apply

State ex rel. Taylor v. Ohio Adult Parole Auth., 66 Ohio St.3d 121 (1993) (adopts definition of "technical violation" as noncriminal parole-condition breaches)
Inmates Councilmatic Voice v. Rogers, 541 F.2d 633 (6th Cir. 1976) (defines technical violations as violations not criminal in nature)
State v. Marcum, 146 Ohio St.3d 516 (2016) (sets appellate standard of review for felony sentences under R.C. 2953.08(G)(2))
State v. Cozzone, 114 N.E.3d 601 (Ohio App. 2018) (holds heroin overdose/use is criminal in nature and not a technical violation)