State v. Kornegay
2013 Ohio 658
Ohio Ct. App.2013Background
- Indicted December 2, 2010 in Mahoning County for burglary, a second-degree felony under R.C. 2911.12(A)(1)(C).
- Appellant pled guilty as part of a plea agreement; state recommended community control instead of prison.
- January 5, 2011: trial court sentenced Kornegay to four years of community control supervised by the APA, warning of harsher sanctions for violations.
- June 30, 2011: APA moved to extend/revoke community control; appellant stipulated to probable cause at a probable-cause hearing.
- A revocation hearing followed; appellant pleaded guilty to the community-control violation and discussed his drug problem; court revoked community control and sentenced to four years in prison consecutive to other crimes.
- Appellant filed a timely appeal; counsel filed a no-merit brief under Toney; court addressed two issues: revocation abuse of discretion and sentence legality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether revoking community control was an abuse of discretion | Kornegay | Kornegay | No abuse; revocation supported by substantial evidence |
| Whether the sentence on revocation was lawful and within discretion | State | Kornegay | Within statutory range and not an abuse of discretion |
Key Cases Cited
- Kalish, 120 Ohio St.3d 23 (2008) (guides two-step review for felony sentencing and abuse of discretion)
- Adams, 62 Ohio St.2d 151 (1980) (standard for abuse of discretion in sentencing)
- Scott, 6 Ohio App.3d 39 (1982) (probation revocation standard of review)
- Hilson, 2012-Ohio-4536 (Seventh Dist.) (probation-revocation burden and due-process framework)