State v. Anderson, 2012 Ohio 957

Defendant Jack Anderson pleaded guilty to two counts of non-support of dependents, felonies of the fourth degree.
He was sentenced to five years of community control sanctions with conditions including child support, restitution, SWOP attendance, and No Breaks status, with potential eighteen-month prison terms on each count for violation.
A notice of community control revocation was filed February 4, 2011 for failure to pay support, attend Non-Support Court, attend SWOP, and report to probation.
A revocation hearing on May 9, 2011 found violations; community control was revoked and Defendant was sentenced to consecutive 18-month prison terms on each count (total 36 months).
Defendant appealed via Anders with no pro se brief filed; this court reviews for meritorious issues independently.
Two issues were raised on appeal: (1) whether revoking community control was an abuse of discretion and (2) whether the 36-month consecutive sentence was an abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the revocation of community control an abuse of discretion?	State argues substantial evidence supported revocation.	Anderson contends process or credibility issues undermine revocation.	No abuse; substantial evidence supported violation findings and discretion to revoke.
Was the 36-month consecutive sentence an abuse of discretion?	State argues court had broad discretion under R.C. 2929.15(B).	Anderson contends the sentence was excessive and alternatives existed.	Not an abuse; within statutory range and proper discretionary consideration given history and violations.

State v. Brooks, 103 Ohio St.3d 134 (2004) (great latitude in sentencing for community-control violations)
State v. Foster, 109 Ohio St.3d 1 (2006) (no need for extra findings; abuse-of-discretion review remains under statutes)
State v. Kalish, 120 Ohio St.3d 23 (2008) (judicial review of felony sentences under Kalish framework)