State v. Clark
2013 Ohio 2984
Ohio Ct. App.2013Background
- Clark was indicted January 2012 on multiple drug, tools, and property crimes; pled guilty to aggravated possession of drugs, obstructing official business, one breaking and entering, and one receiving stolen property.
- Court sentenced Clark to 30 months total, suspended on community control for 3 years including CBCFP at Oriana House.
- Clark was discharged from Oriana House CBCFP without completing it; trial court held a hearing and found a violation and reinstated the suspended term.
- Evidence at the hearing showed CBCFP rules requiring completion, CBCFP condition in Clark’s journal entry, and a letter from his probation officer stating termination for cause due to K-2 possession.
- Testimony included Oriana House employee Clarence Allen describing a contraband finding (half-smoked joint) under Clark’s foot; contraband led to termination for cause.
- Appellate court sustained the third assignment (jail-time credit issue) and remanded for proper calculation; other assignments were overruled.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for CBCFP violation | Clark argues insufficient evidence to prove CBCFP violation. | State contends the evidence supports violation. | Evidence sufficient; violation proven. |
| Weight of the evidence supporting CBCFP violation | Clark asserts the verdict is against the weight of the evidence. | State contends credibility determinations support the finding. | Weight claim rejected; not clearly erroneous. |
| Jail-time credit at sentencing | Clark claims no proper jail-time credit was calculated or memorialized. | State contends proper credit was or could be corrected. | Sustained; remand to calculate/record jail-time credit; October 25 entry void. |
| Attorney fees and ability-to-pay | Clark asserts lack of ability-to-pay finding for fees; ineffective assistance for failure to object. | State argues the court complied with statutory requirements; no ineffective assistance in this context. | Court complied with R.C. 2941.51(D); assignments overruled; appeal not reversible on these grounds. |
Key Cases Cited
- State v. Tooley, 2011-Ohio-2449 (9th Dist. Medina (2011)) (burden of proof for community-control violations discussed)
- State v. Ricks, 2010-Ohio-4659 (9th Dist. Medina (2010)) (burden standards for community-control violations referenced)
- State v. Walton, 2009-Ohio-6703 (9th Dist. Lorain (2009)) (burden standard discussion in community-control context)
- State v. Papczun, 2013-Ohio-1162 (9th Dist. Summit (2013)) (clarifies jail-time credit calculation under R.C. 2929.19(B)(2)(g))
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012-Ohio-2179) (standard for weight of the evidence review)
- State v. Malone, 2010-Ohio-5658 (9th Dist. Lorain (2010)) (requirement to determine ability to pay for appointed counsel)
- El-Jones v. Summit, 2012-Ohio-4134 (9th Dist. Summit (2012)) (ability-to-pay and attorney-fee considerations in sentencing)