State v. Klosterman
2016 Ohio 232
Ohio Ct. App.2016Background
- In 2012 Klosterman pled guilty to possession (5th-degree) and burglary (2nd-degree) and received community control in two Darke County cases; possible incarceration upon violation totaled 4 years 9 months.
- He completed a local community corrections program but later incurred violations (missed reporting, substance use, failure to pay) and admitted earlier violations in 2013; community control was reimposed.
- A 2015 affidavit alleged new violations, including failure to complete treatment, continued substance use, failure to pay, new misdemeanor and drug-trafficking charges (Case No. 14-CR-304).
- On March 16, 2015, Klosterman pled guilty to one count of trafficking (14-CR-304) and admitted the community-control violations in the two earlier cases as part of a plea agreement; the State agreed to dismiss a count and recommended credit for time served and limited sanctions.
- The trial court conducted a plea colloquy, informed Klosterman of the alleged violations, the maximum exposure, the rights he would forgo by admitting violations (probable cause and evidentiary hearings, confrontation, witnesses), and the amount of credit for time served; Klosterman stated he understood and admitted the violations.
- The court revoked community control and imposed four years for the burglary-related violation (with credit), minimal sentence for the new trafficking conviction, and fines/costs; Klosterman appealed solely claiming the waiver of probable-cause and evidentiary hearings was not knowing, intelligent, and voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in revoking community control after Klosterman admitted violations without advising or obtaining a valid waiver of his right to a probable-cause and final evidentiary hearing | State: Klosterman knowingly and voluntarily waived his hearing rights during the plea colloquy as part of the negotiated plea | Klosterman: He did not knowingly, intelligently, and voluntarily waive his right to a probable-cause hearing and an evidentiary (revocation) hearing | Court: Waiver was knowing, intelligent, and voluntary; no due-process violation; revocation affirmed |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (1972) (establishes due-process protections for parole/probation revocations, including preliminary and final hearings)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (applies Morrissey protections to probation revocations and discusses hearing requirements)