State v. Loe, 2017 Ohio 994

Appellant Brian Loe faced consolidated charges in two Wood County cases: multiple fifth-degree felonies for forgery and theft and a first-degree misdemeanor petty theft.
Loe initially pleaded not guilty and requested intervention in lieu of conviction (R.C. 2951.041) in both matters; the court stayed proceedings and held a hearing.
During pendency of bond Loe tested positive for morphine; the state moved to revoke bond and opposed intervention.
After an August 18, 2015 hearing the trial court denied Loe’s intervention requests, finding success in the program unlikely given multiple offenses and positive drug tests.
Loe withdrew his not-guilty pleas, pled no contest, was found guilty, and on November 24, 2015 received concurrent three-year community-control sanctions and $2,204.13 restitution.
Loe appealed only the denial of intervention in lieu of conviction; the Sixth District Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by denying Loe’s motion for intervention in lieu of conviction	Loe: Court should have granted intervention and not proceed to conviction/sentence	State: Court properly denied intervention as futile given multiple offenses and positive drug tests	Trial court did not abuse discretion; denial affirmed and sentence upheld

Marcum v. Ohio, 59 N.E.3d 1231 (Ohio 2016) (sets out the standard for appellate review of felony sentences)