State v. Ashby, 2011 Ohio 5160

Ashby pleaded guilty to one fourth-degree felony theft and two fifth-degree forgery counts; co-defendant Borer stole checks and forged the grandfather’s name.
Plea agreement stated restitution of $4,495 jointly and severally with co-defendant, contingent on full payment.
Trial court sentenced Ashby to eight days in jail, credited time served, and imposed $100 fines and $100 costs.
Court did not order restitution because another judge had ordered restitution against co-defendant.
State appeals alleging the eight-day sentence violates statutory maximums for their offenses.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was Ashby’s eight-day jail sentence contrary to law?	Ashby had option of prison or community control; eight days violated minimums.	Sentence could be treated as community residential sanctions with fines; could be permissible.	Eight days was contrary to law and vacated.
Did the court properly impose community control requirements and disclosures?	Court failed to notify consequences and to place Ashby under probation supervision as required.	Ashby could be subject to community control sanctions given the statutes.	Sentence invalid for failure to place under probation supervision and to advise consequences; remanded.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step review for sentencing compliance)
State v. Eppinger, 2009-Ohio-5233 (8th Dist. No. 92441) (prison minimum if prison is chosen; community control nuances)
State v. Lee, 2009-Ohio-5820 (8th Dist. No. 92327) (similar sentencing considerations for community control)
State v. Becker, 2011-Ohio-4100 (8th Dist. No. 95901) (case law on community control and sentencing limits)