2021 Ohio 590
Ohio Ct. App.2021Background
- Jamie Evans was indicted on possession of drugs (felony V) and possessing drug abuse instruments (misdemeanor II).
- Evans failed to report, tested positive for marijuana and benzodiazepines, and refused to enter the court-ordered STAR residential drug program.
- On September 21, 2020 Evans pleaded guilty and was sentenced to three years of community control with a requirement to enter and complete the STAR program; the court warned a one-year sanction could be imposed for violations.
- The State moved to revoke community control after Evans refused the program; Evans admitted the violations at the November 25, 2020 hearing.
- The trial court revoked community control, imposed a one-year sentence on the felony count (sixty days on the misdemeanor, concurrent) and ordered service in the county jail under applicable statutes for TCAP cases.
- Evans appealed, arguing the jail sanction exceeded the six-month maximum purportedly set by R.C. 2929.16(A)(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2929.16(A)(6) limits community-control violation jail sanctions to six months | State: R.C. 2929.15 permits cancelling community control and imposing a definite sentence within the statutory range for the offense; the court imposed the one-year sentence after canceling community control (not under R.C. 2929.16(A)(6)) | Evans: The trial court was limited to imposing a residential sanction of no more than six months under R.C. 2929.16(A)(6) for a community-control violation | Affirmed. Court held the six-month cap did not apply because the court cancelled community control and imposed a definite one-year sentence allowed under R.C. 2929.15; county-jail placement was mandated by TCAP rules/statute |
Key Cases Cited
- State v. Fugate, 883 N.E.2d 440 (Ohio 2008) (addresses standard of review where judgment rests on statutory interpretation)
- Med. Mut. of Ohio v. Schlotterer, 909 N.E.2d 1237 (Ohio 2009) (de novo review for questions of law/statutory interpretation)
- State v. Pariag, 998 N.E.2d 401 (Ohio 2013) (supports de novo review of statutory issues)
- State v. Brooks, 814 N.E.2d 837 (Ohio 2004) (explains sentencing options after community-control violation, including cancellation and imposition of a definite prison term)