State v. Abnet, 2018 Ohio 4506

Angela Abner pleaded guilty in two Adams County cases: trafficking in heroin (community control) and two counts of felony theft (community control).
Community-control conditions included monthly reporting, no illegal drug use, fees/restitution, community service, GED, and recovery program participation.
Abner admitted relapsing and tested positive for heroin in October 2013; her probation officer testified to these violations and other failures to comply.
The trial court revoked community control: sentenced 12 months for trafficking and two concurrent 9-month terms for theft, ordered consecutive to the 12-month term, for an aggregate 21-month prison term.
Abner appealed, arguing the violations were only "technical" and the R.C. 2929.15(B)(1)(c)(i) 90-day cap for technical violations should have limited any prison term.
The appellate court concluded Abner’s admitted use of heroin constituted a criminal (felony) violation, not a mere technical violation, and affirmed the 21-month sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Abner's community-control violations were "technical" so that R.C. 2929.15(B)(1)(c)(i) caps any prison term at 90 days	State: heroin use was criminal conduct (felony); thus no 90-day cap applies	Abner: her positive test was not a new criminal charge, so violation was merely technical and subject to 90-day cap	Court: knowing use/possession of heroin is a felony; violation not "technical;" 90-day cap inapplicable; sentence affirmed

State ex rel. Taylor v. Ohio Adult Parole Auth., 66 Ohio St.3d 121, 609 N.E.2d 546 (Ohio 1993) (adopts Sixth Circuit 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 noncriminal breaches like failure to report)
State v. Marcum, 146 Ohio St.3d 516, 59 N.E.3d 1231 (Ohio 2016) (clarifies appellate standard of review for felony sentences under R.C. 2953.08)