State v. Page
2016 Ohio 7326
Ohio Ct. App.2016Background
- Jordan H. Page pled guilty in Champaign County (April 17, 2012) to one count each of breaking and entering, safecracking, and theft; remaining counts were dismissed.
- The trial court sentenced Page to three years of community control, required program completion, fines, and restitution (June 25, 2012).
- Page’s community control was suspended and later extended; while under supervision he tested positive for marijuana in Franklin County and that court revoked his community control and imposed a sentence.
- Champaign County filed a supervision-violation notice (July 15, 2015); after a revocation hearing (Aug. 7, 2015) Champaign County revoked Page’s community control and sentenced him to 17 months in jail, to be served concurrently with the Franklin County sentence.
- Appointed appellate counsel filed an Anders brief concluding the appeal is frivolous and moved to withdraw; the court independently reviewed the record and affirmed the revocation and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 17-month jail sentence upon revocation was contrary to law or an abuse of discretion | State argued the sentence was within statutory range and the court considered required factors | Page argued the sentence (17 months) was contrary to law and an abuse of discretion | Court affirmed: sentence within statutory range, court stated it considered R.C. 2929.11 and 2929.12; no clear-and-convincing showing sentence unsupported by record |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedural requirements when appointed counsel seeks to withdraw on grounds appeal is frivolous)
- State v. Mathis, 109 Ohio St.3d 54 (2006) (trial court must carefully consider R.C. 2929.11 and 2929.12 in sentencing)
