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State v. Page
2016 Ohio 7326
Ohio Ct. App.
2016
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Background

  • 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 discretionState argued the sentence was within statutory range and the court considered required factorsPage argued the sentence (17 months) was contrary to law and an abuse of discretionCourt 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)
Read the full case

Case Details

Case Name: State v. Page
Court Name: Ohio Court of Appeals
Date Published: Oct 14, 2016
Citation: 2016 Ohio 7326
Docket Number: 2015-CA-27
Court Abbreviation: Ohio Ct. App.