State v. Buttery, 2018 Ohio 2651

In 2016 Buttery pleaded no contest to failing to register (based on a juvenile GSI adjudication) and was sentenced to community control. He filed a notice of appeal from that conviction.
While that appeal was pending, his probation officer alleged multiple violations of community-control conditions in March 2017.
In April 2017 the trial court revoked Buttery’s community control and imposed an 18‑month prison term.
Buttery appealed the revocation, arguing the trial court lacked subject‑matter jurisdiction to revoke while the underlying conviction was on appeal.
This court later affirmed the underlying 2016 conviction; in this opinion the court addresses only whether the trial court had jurisdiction to revoke community control during the pendency of the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court had jurisdiction to revoke community control while the underlying conviction was on appeal	The State: trial court retains jurisdiction to enforce and modify its judgment, including revoking community control	Buttery: filing a notice of appeal deprived the trial court of subject‑matter jurisdiction to revoke community control	The trial court retained jurisdiction; revocation and new sentence were permissible

State ex rel. Special Prosecutors v. Judges, 55 Ohio St.2d 94 (1978) (general rule that filing a notice of appeal divests trial court of jurisdiction except to act in aid of the appeal)
Yee v. Erie Cty. Sheriff’s Dept., 51 Ohio St.3d 43 (1990) (trial court retains jurisdiction not inconsistent with appellate court’s jurisdiction)
State v. Heinz, 146 Ohio St.3d 374 (2016) (revocation of community control is an exercise of the sentencing court’s criminal jurisdiction)
State v. Fraley, 105 Ohio St.3d 13 (2004) (community‑control revocation functions as a second sentencing hearing where the offender is sentenced anew)
State v. Lett, 58 Ohio App.2d 45 (1st Dist. 1978) (trial court may enforce its own judgment despite a pending appeal)