State v. Jackson
2015 Ohio 3959
Ohio Ct. App.2015Background
- Kevin Jackson pled guilty (Jan 18, 2012) to two third-degree felonies: Intimidation and Retaliation, based on threats made while incarcerated elsewhere.
- The trial court imposed five years of community control (concurrent with separate post-release control) after the State recommended community control.
- APA supervising officer instructed Jackson to report on Jan 15, 2014 at 11:00 a.m.; Jackson did not report and made no further contact.
- A warrant issued, Jackson stipulated to probable cause, and a revocation hearing was held.
- The trial court revoked community control (July 14, 2014) and sentenced Jackson to consecutive nine-month terms (aggregate 18 months).
- Jackson appealed, claiming (1) insufficient basis to find a violation and (2) the original advisement did not satisfy R.C. 2929.19(B)(4) so imprisonment could not be imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had a sufficient basis to revoke community control for failure to report | APA testimony and Jackson's stipulation to probable cause constituted substantial evidence of violation | Jackson argued there was no basis to find a community-control violation | Court: Revocation was proper—uncontested evidence and stipulation supported finding of violation |
| Whether the original sentencing complied with R.C. 2929.19(B)(4) (notification of specific prison term) so imprisonment could be imposed upon violation | State argued the court’s oral statements and entry adequately notified Jackson he faced up to six years if community control was violated | Jackson argued the court’s remark about being "put in the penitentiary for three and three" was ambiguous and did not specify the prison term required by statute | Court: Advisement was sufficiently clear that Jackson could face six years; imposition of 18-month prison term was proper |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (due process requires preliminary and final revocation hearings)
- Gagnon v. Scarpelli, 411 U.S. 778 (revocation of probation/parole requires opportunity to be heard)
- State v. Marcum, 141 Ohio St.3d 1453 (Ohio Supreme Court accepted question regarding appropriate appellate standard for felony sentencing review)