2019 Ohio 1772
Ohio Ct. App.2019Background
- Warren Jones was indicted in two Cuyahoga County cases: one (CR-18-624743-A) for receiving stolen property and obstructing official business; another (CR-18-627179-B) for multiple theft-related counts arising from a March 21, 2018 incident.
- Jones was released on bond in the first case but failed to appear for arraignment on Feb 14, 2018; bond was forfeited and a capias issued; he was arrested March 23, 2018.
- While released on bond in the first case, Jones committed the offenses charged in the second indictment.
- Jones pleaded guilty in May 2018 to a fourth-degree receiving stolen property count (CR-18-624743-A), a fourth-degree grand theft count, and a fifth-degree theft count (CR-18-627179-B); remaining counts were nolled.
- At consolidated sentencing the court imposed 12 months on the receiving-stolen-property count, 17 months on grand theft (concurrent with an 11-month term on the theft count), and ordered the two case sentences to run consecutively for an aggregate 29 months.
- On appeal Jones argued the court illegally sentenced him to prison rather than imposing mandatory community-control sanctions under R.C. 2929.13(B)(1)(a).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing prison rather than mandatory community control under R.C. 2929.13(B)(1)(a) | State: Court may impose prison if exceptions in R.C. 2929.13(B)(1)(b) apply; record supports exceptions here. | Jones: Community control was mandatory because he satisfied (B)(1)(a)(i)-(iv). | Court: No error; exceptions (B)(1)(b)(iii) and (xi) applied (bond violation and offense committed while released on bond), so prison was permissible. |
| Whether appellate review was barred under R.C. 2953.08(A)(2) because trial court relied on (B)(1)(b) | State: R.C. 2953.08(A)(2) applies only when the trial court ‘specifies’ a (B)(1)(b) finding. | Jones: Implicit reliance on (B)(1)(b) should preclude appeal. | Court: (A)(2) inapplicable because trial court did not specify a (B)(1)(b) finding; merits were reviewable under R.C. 2953.08(G)(2). |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (appellate review of felony sentences governed by R.C. 2953.08(G)(2))
- State v. Lopez, 43 N.E.3d 492 (discussing R.C. 2953.08(A)(2) limitation where trial court specifies findings under R.C. 2929.13(B)(1)(b))