State v. Clem, 2020 Ohio 690

Clem was indicted for third-degree burglary; released on own recognizance with bond conditions requiring compliance with Ohio criminal laws and random drug screenings.
He pled guilty to a reduced charge: trespass in a habitation (fourth-degree felony). A presentence investigation was ordered.
At his presentence interview Clem admitted he had smoked marijuana earlier that day.
The trial court found this admission violated his bond conditions and sentenced Clem to eight months in prison.
Clem appealed, arguing the marijuana use did not meaningfully violate bond to overcome the presumption of community control and that the record did not clearly and convincingly support incarceration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether defendant's marijuana use while on bond justified imposing prison despite R.C. 2929.13(B)(1)(a)'s presumption of community control and whether the sentence is supported by the record	State: Bond conditions (express and implied) barred illegal drug use; violation permits prison under R.C. 2929.13(B)(1)(b)(iii); sentence is within statutory range and trial court considered sentencing factors	Clem: Use did not violate bond terms sufficiently to overcome presumption in favor of community control; record does not clearly and convincingly support imprisonment	Court affirmed: marijuana use violated bond (express and inherent condition); court had discretion to impose prison; sentence within statutory range and supported by record

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (sets appellate standard under R.C. 2953.08(G)(2))
State v. Mathis, 846 N.E.2d 1 (Ohio 2006) (trial court must consider R.C. 2929.11 and 2929.12 when sentencing)
State v. Brown, 99 N.E.3d 1135 (2d Dist. 2017) (sentence is contrary to law only if outside statutory range)
State v. King, 992 N.E.2d 491 (2d Dist. 2013) (trial court has discretion to impose any sentence within authorized range without specific findings)
State v. Leopard, 957 N.E.2d 55 (2d Dist. 2011) (courts must consider statutory sentencing criteria)
State v. Springer, 34 N.E.3d 441 (2d Dist. 2015) (discusses when abstention from drugs is an implied bond condition)