State v. Hogya, 2024 Ohio 639

Hope C. Hogya was convicted of violating a protection order, a fifth-degree felony.
She pled guilty to one count, and the second count was dismissed.
The court imposed a two-year community control sanction, requiring completion of an inpatient program at Square One and follow-up recommendations.
Hogya was unsuccessfully discharged from the treatment program and subsequently failed to attend probation appointments or provide an updated address.
The court found her in violation of community control, terminated it, and sentenced her to nine months in prison with 23 days jail credit.
Hogya appealed, arguing improper sentencing, ineffective counsel, and miscalculated jail-time credit.

Issue	Hogya's Argument	State's Argument	Held
Was the violation of community control "technical" and subject to a 90-day max?	Violation was technical; max 90 days applies	Discharge from treatment shows abandonment; non-technical	Non-technical; 9-month sentence affirmed
Ineffective assistance re: speedy trial rights	Guilty plea not knowing/voluntary due to speedy trial violation	Any preliminary hearing delay was cured by later indictment; no prejudice	No prejudice shown; argument rejected
Proper calculation of jail-time credit	Entitled to 148 days credit for jail time between arrest and bond	Time served on unrelated case eliminates entitlement to full credit	Only entitled to days not credited elsewhere

State v. Marcum, 146 Ohio St.3d 516 (standard for appellate review of felony sentences)
State v. Castner, 163 Ohio St.3d 19 (non-technical violation includes refusal to participate in community control conditions)
State v. Demangone, 2023-Ohio-2522 (appellate approach to classification of technical/nontechnical violations)
State v. Nelson, 162 Ohio St.3d 338 (standard for assessing technical violations remains informative post-statute)
State v. Cupp, 156 Ohio St.3d 207 (no jail-time credit for days served on unrelated cases)