2020 Ohio 964
Ohio Ct. App.2020Background
- Amanda Brovey was indicted on multiple drug-related charges and pled guilty to aggravated possession of drugs and possession of heroin after being granted intervention in lieu of conviction (ILC).
- The trial court stayed proceedings under R.C. 2951.041, imposed an individualized ILC plan (treatment, GED, full-time work) and placed Brovey under probation supervision.
- Brovey failed to report to the probation department after release and admitted the violation at a revocation hearing.
- The trial court revoked ILC, entered convictions, and sentenced Brovey to consecutive prison terms of seven months and six months (aggregate 13 months).
- Brovey appealed, raising three issues: (1) whether the 90-day cap for technical community-control violations applied, (2) whether the court abused its discretion by not considering less restrictive sanctions, and (3) whether consecutive sentences lacked statutory support.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of 90‑day cap for technical violation | Brovey: her failure to report was only a technical community‑control violation so R.C. 2929.15(B)(1)(c)(i) limits prison to 90 days | State: Brovey was on ILC, not community control, so the 90‑day cap does not apply | Court: ILC is distinct from community control; 90‑day limit inapplicable; assignment overruled |
| Whether court abused discretion by not considering less restrictive sanctions | Brovey: court should have considered continued ILC, inpatient treatment, or community control | State: Brovey repeatedly disobeyed court orders and failed to cooperate with supervision and treatment | Court: Sentences within statutory range; record shows court considered sentencing principles and found Brovey not amenable to community‑based sanctions |
| Validity of consecutive sentences | Brovey: lack of criminal history and circumstances do not support consecutive terms | State: consecutive terms necessary to protect public given Brovey’s failure to comply and ongoing drug abuse | Court: Trial court made required R.C. 2929.14(C)(4) findings (necessity, proportionality, and offender history); consecutive sentences affirmed |
Key Cases Cited
- No officially reported (print reporter) cases with Bluebook citations were relied on in the opinion; the decision primarily cites Ohio appellate/unpublished decisions and statutory provisions.