State v. Boylen
2012 Ohio 5503
Ohio Ct. App.2012Background
- Appellant Adam Boylen was sentenced on Feb. 24, 2000 to three years of community control to begin upon release from prison on an unrelated matter.
- On May 14, 2012, Boylen moved to correct/clarify the 2000 judgment and to find the community control completed.
- The trial court denied the motion in a June 4, 2012 judgment entry.
- Boylen appealed challenging the tolling of his community control sentence.
- The court held the tolling did not violate the statute and affirmed the judgment.
- The Fifth District affirmed the trial court’s order requiring Boylen to serve the community control after his unrelated prison term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly tolled the community control term. | Boylen alleges tolling exceeded the five-year limit. | Boylen argues the Direct Imposition and five-year cap require start of term in 2000. | Tolling was proper; no exceedance of five-year limit. |
Key Cases Cited
- State v. Griffin, 131 Ohio App.3d 696 (1st Dist. 1998) (subsequent modification not at issue here)
- State v. Brooks, 163 Ohio App.3d 241 (4th Dist. 2005) (subsequent modification cases not controlling)
- State v. Kinder, 2004-Ohio-4340 (5th Dist. 2004) (five-year limit on community control sanctions not exceeded)
- State v. O'Conner, 2004-Ohio-6752 (5th Dist. 2004) (consecutive imposition considerations relevant)