2019 Ohio 2834
Ohio Ct. App.2019Background
- Defendant Jesse G. Fields was indicted for theft of drugs and aggravated possession of drugs after his employer reported he took and ingested an Adderall capsule prescribed to her son.
- Pursuant to a plea agreement Fields pleaded guilty to one count of aggravated possession (fifth-degree felony); theft charge dismissed; PSI ordered; State agreed to recommend community control if PSI disclosed no undisclosed convictions and Fields complied with bond.
- PSI showed Fields had limited criminal history, had lived with and been financially supported by the employer (Brandy Jackson) for seven years, and Jackson participated extensively in the PSI interview.
- The court found community control mandatory under R.C. 2929.13(B)(1)(a) and imposed one year of community control with special conditions including no contact with Jackson or her son, completion of Thinking for a Change, substance-abuse counseling, random drug screens, employment, and costs. The no-contact condition was stayed for four weeks to allow Fields time to relocate.
- Fields appealed; appointed counsel filed an Anders brief asserting no non-frivolous issues. The court independently reviewed the record under Anders and affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the no-contact special condition of community control was an abuse of discretion | No-contact condition is reasonable, related to rehabilitation and public safety given Jackson's negative influence and prior provision of Adderall | No-contact condition was unduly burdensome because it effectively left Fields without a home and forced homelessness | Court held no abuse of discretion; condition reasonably related to rehabilitation, the offense, and preventing future criminality; affirmed sentence |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967) (requires counsel to file brief identifying potential issues and permits appellate court to independently review record for frivolousness)
- State v. Jones, 49 Ohio St.3d 51 (Ohio 1990) (tests for reasonableness of probation/community-control conditions: relation to rehabilitation, relation to the offense, and relation to preventing future criminality)
- State v. Talty, 814 N.E.2d 1201 (Ohio 2004) (trial courts have broad discretion to impose community-control conditions under R.C. 2929.15)
- AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (Ohio 1990) (defines abuse of discretion as unreasonable, arbitrary, or unconscionable decision)