State v. McClintock, 2013 Ohio 5598

Appellant Trenton McClintock pled guilty on July 13, 2009 to burglary (4th degree), receiving stolen property (5th degree), and obstructing (5th degree).
On September 29, 2009, he was sentenced to five years of community control with conditions including SEPTA, payment of costs, and community service, plus participation in rehabilitation programs.
On November 15, 2013, the State moved to revoke probation for failing to follow orders, pay monthly fees, and meet his probation officer for over a year.
The trial court revoked community control and imposed a 42-month prison term on McClintock.
McClintock argues the court treated a community control violation as a probation violation and imposed a sentence not commensurate with the offense.
The Fourth District held the court did not err, finding the court reserved the prison term at original sentencing and complied with statutory requirements.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether CV was treated as probation violation and sentenced improperly	McClintock argues improper treatment and disproportionate sentence	State contends proper treatment under community control rules and reserved sentence	No error; court properly sentenced under community control violation

State v. Wolfson, 2004-Ohio-2750 (4th Dist. Lawrence No. 03CA25 (2004)) (abuse-of-discretion review for sanctions)
Columbus v. Bickel, 77 Ohio App.3d 26, 601 N.E.2d 61 (10th Dist.1991) (statutory notice and sentencing framework)
State v. Kalish, 2008-Ohio-4912, 896 N.E.2d 124 (120 Ohio St.3d 23 (2008)) (two-step sentence review for violations)
State v. Evans, 2012-Ohio-850 (4th Dist. Washington No. 11CA16 (2012)) (clarifies review of community control sentencing)
State v. Moman, 2009-Ohio-2510 (4th Dist. Adams No. 08CA876 (2009)) (application of community control rules)
State v. Brooks, 2004-Ohio-4746 (103 Ohio St.3d 134 (2004)) (notice requirements for reserved terms under Brooks)
State v. Marshall, 2013-Ohio-1481 (6th Dist. Erie No. E-12-022 (2013)) (interpretation of reserved sentences under amendments to R.C. 2929.19)
State v. Beverly, 2002-Ohio-118 (4th Dist. Ross No. 01CA2603 (2002)) (differences between probation and community control)
State v. Wolfe, 2009-Ohio-830 (5th Dist. Stark No. 2008-CA-00064 (2009)) (community control as replacement for probation)
State v. Harris, 2012-Ohio-2185 (4th Dist. Pickaway No. 11CA15 (2012)) (presumption of regularity in sentencing records)
State v. Delong, 2006-Ohio-2753 (4th Dist. Adams No. 05CA815 (2006)) (notice and record considerations)