State v. Hughey, 2013 Ohio 4155

Indictment: four counts of receiving stolen property; three fifth-degree felonies and one fourth-degree felony.
Plea: 11/14/2012, guilty to one fourth-degree felony and three first-degree misdemeanors (attempted receiving stolen property).
Underlying provocation: appellant's heroin use related to charges.
Bond history: court imposed reporting, drug screens, 11 p.m.–7 a.m. curfew, and address 2087 Kennington Ave.; conditions discussed at plea.
Bond violation: appellant overdosed/used heroin on 11/20 and bond address obligation could no longer be satisfied; bond revocation followed.
Sentencing: 2/7/2013, six months on each attempted count (concurrent with each other and with 15-month receiving-stolen-property sentence); 132 days jail credit; $1,300 restitution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hughey's sentence violates R.C. 2929.13(B) presumption of community control.	Hughey argues heroin use on bond negates community-control presumption.	Hughey contends bond did not expressly prohibit heroin use.	No; trial court had discretion to impose a prison term for bond-violation.
Whether trial counsel’s failure to object timely to the prison sentence was ineffective assistance.	Hughey asserts ineffective assistance for not objecting.	State contends counsel acted within reasonable professional judgment.	Counsel's performance not deficient; no ineffective assistance.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (requires reviewing trial court adherence to sentencing rules; plain-error standard applies for sentencing issues)
In re Mason, 116 Ohio App.3d 451 (7th Dist.1996) (bail conditions include inherent/implied obligations; violation can justify sanctions)
State v. Waddell, 75 Ohio St.3d 163 (1996) (plain-error and standard of review in sentencing matters)
State v. Shahan, 2003-Ohio-6945 (4th Dist.2003) (counsel's performance and meritless objections context)