State v. Bartlett
2012 Ohio 103
Ohio Ct. App.2012Background
- Bartlett pleaded guilty to criminal damaging and possession of criminal tools on May 10, 2010.
- The trial court imposed 11 months in jail, suspended the sentence, and placed Bartlett on two years of community control with drug testing and counseling.
- Bartlett tested positive for drugs on October 14, 2010 and admitted the violation on November 10, 2010.
- The court subsequently sentenced Bartlett to 11 months in jail for the violation; Bartlett served the sentence.
- Bartlett argues the court failed to inform him at sentencing that a prison term could be imposed for violating community control; the State concedes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to advise of possible imprisonment at sentencing invalidates later imprisonment | State contends advisement is required by statute. | Bartlett contends lack of advisement renders the later imprisonment improper. | Trial court erred; however, appeal moot since sentence served. |
Key Cases Cited
- State v. Brooks, 103 Ohio St.3d 134, 814 N.E.2d 837 (2004) (advisement requirement for prison term on violation of community control sanctions)
- State v. Hayes, 2006-Ohio-5924 (2006) (advisement under R.C. 2929.19(B)(5) and 2929.15)
- State v. Verdream, 2003-Ohio-7284 (2003) (mootness when underlying conviction not challenged)
- State v. Beamon, 2001-Ohio-8712 (2001) (relevance to appealability and remedy after improper sentencing)