State v. Miles, 97 N.E.3d 859

Domoniq Miles was indicted on two fourth-degree felony weapons charges on May 6, 2016.
Miles filed a motion for Intervention in Lieu of Conviction (ILC), asserting drug dependence; the trial court ordered an ILC assessment on July 5, 2016.
The probation department filed a bond-violation notice after Miles tested positive for marijuana; the court found a violation but left bond conditions unchanged.
On July 13, 2016 the trial court entered an order overruling Miles’ ILC motion before the court received the assessment report.
Miles later pleaded no contest to one count; sentencing followed and this appeal challenged the denial of ILC without a hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court "considered" Miles’ ILC motion such that a hearing was required	The State: trial court did not consider the motion before denying it and so no hearing was required	Miles: ordering an assessment and issuing orders showed the court "considered" the request, triggering the hearing requirement	The court held the trial court did not consider eligibility under R.C. 2951.041(B) and therefore was not required to hold an ILC hearing before denying the motion

State v. Massien, 125 Ohio St.3d 204, 2010-Ohio-1864, 926 N.E.2d 1282 (Ohio 2010) (describing statutory purpose and framework for Intervention in Lieu of Conviction)
State v. Rice, 180 Ohio App.3d 599, 2009-Ohio-162, 906 N.E.2d 506 (Ohio Ct. App.) (noting that a trial court may reject an ILC request without a hearing and such denial is generally not appealable)