2019 Ohio 2979
Ohio Ct. App.2019Background
- Defendant David Castner pleaded guilty to one count of aggravated possession of drugs (fifth-degree felony) and was placed on two years of community control.
- Conditions of community control required completion of Re-Entry Court and a V.O.A. program.
- V.O.A. terminated Castner for mental health reasons; probation violation was filed and he admitted the violation; court continued community control and added completion of the Alvis House program.
- Castner was later terminated from Alvis House for contact with a minor and online attempts to contact underage girls (including admitting contact with a 10-year-old and creating a targeted email account); he admitted failing to complete Alvis House and Re-Entry Court.
- Trial court terminated community control and imposed a 12-month prison sentence. Castner appealed, arguing the violation was a "technical violation" limiting prison to 90 days under R.C. 2929.15(B)(1)(c)(i).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to complete court-ordered treatment is a "technical violation" under R.C. 2929.15(B)(1)(c)(i) | State: Defendant's conduct (contact with a child, targeted attempts to contact minors) shows the violation was not merely technical | Castner: Failing to complete the treatment program was a noncriminal, technical violation; thus statutory limit (90 days) applies | Court: Not a technical violation; prison term of 12 months permissible |
Key Cases Cited
- State ex rel. Taylor v. Ohio Adult Parole Auth., 66 Ohio St.3d 121, 609 N.E.2d 546 (definition of "technical violations" of parole as noncriminal breaches such as failure to report or leaving employment)
- Inmates' Councilmatic Voice v. Rogers, 541 F.2d 633 (examples of parole technical violations: failure to report, association with known criminals, leaving state)