State v. Jackson
2012 Ohio 5132
Ohio Ct. App.2012Background
- Jackson was charged in 08 CR 10243 with illegal assembly/possession of chemicals for drug manufacture; later amended to attempted illegal assembly/possession; pleaded no contest to the amended charge.
- In 2009, the trial court sentenced Jackson to three years of community control with a reserved 17 months' imprisonment.
- In 2010, the court revoked community control for violation (methamphetamine use) and imposed the reserved 17 months.
- In 2010, the court granted judicial release; supervised release with community control for three years and suspended the remainder of the 17 months.
- In 2010, a separate case 10 CR 10908 was filed; Jackson pled no contest to aggravated possession and related counts; the court imposed four years of community control with reserved prison terms to be served consecutively to the earlier case if violations occurred.
- In 2012, after violations (positive meth test), the court revoked releases and imposed the balance of the 17 months in 08 CR 10243 and the 22 months in 10 CR 10908, for a total of 39 months imprisonment, to be served consecutively.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentencing to both prison and community control violated statute | State argues SB 2 permits prison upon violation; not prohibited with community control. | Jackson argues statutes bar concurrent prison and community control for the same offense. | Overruled; no legal error; not the same offense imposition. |
| Whether court properly considered sentencing purposes when denying residential treatment | State contends court considered rehabilitation and protections under 2929.11, 2929.12. | Jackson argues court abused discretion by not ordering residential treatment. | Overruled; court adequately considered purposes and found treatment ineffective given history. |
Key Cases Cited
- State v. Ramos, 2007-Ohio-767 (3d Dist. No. 4-06-24, 2007-Ohio-767) (sentencing procedure standards post-SB 2)
- State v. Rhodes, 2006-Ohio-2401 (12th Dist. No. CA2005-10-426, 2006-Ohio-2401) (appellate review of felony sentencing standards)
- State v. Tyson, 2005-Ohio-1082 (3d Dist. Nos. 1-04-38; 1-04-39, 2005-Ohio-1082) (standards for imposing prison terms after violation of community control)
- State v. Hartman, 2012-Ohio-874 (3d Dist. No. 15-10-11) (post-SB 2 limitation on prison and community control on same offense, distinguished)
- State v. Fraley, 2004-Ohio-7110 (105 Ohio St.3d 13, 2004-Ohio-7110) (superseding rules on reserved sentences for violations)
- Foster, 2006-Ohio-856 (Supreme Court of Ohio) (guidance on sentencing statutes and procedures)
- State v. Hites, 2012-Ohio-1892 (3d Dist. No. 6-11-07, 2012-Ohio-1892) (factors for purposes of felony sentencing)