2023 Ohio 4545
Ohio Ct. App.2023Background
- Johnathan Kusinko pled guilty in 2016 to multiple felonies and was sentenced to four years in prison.
- In 2018, he was granted judicial release and placed on five years’ community control.
- In 2021, Kusinko pled guilty to attempted domestic violence in a new case and was found in violation of his release, but community control was continued.
- A capias was issued in 2022 after he faced new charges in Medina County; while incarcerated there, his requests for a probation violation hearing were denied.
- In May 2023, upon entering custody for the original cases, the trial court terminated Kusinko’s community control supervision sua sponte, without notice or a hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Termination of community control without hearing | Trial court erred by not providing notice/hearing | Agrees trial court failed to provide hearing | Terminating supervision without hearing is error; reinstatement required |
| Termination of community control when service was not exemplary | Termination improper given record of non-exemplary service | Not addressed (moot due to first issue) | Moot (not reached, resolved by first issue) |
Key Cases Cited
- State v. Heinz, 146 Ohio St.3d 374 (state is entitled to notice and opportunity to be heard in community control proceedings)
- State v. Weeks, 2021-Ohio-3735 (trial court abuses discretion by terminating community control sua sponte without notice and hearing)