State v. Pino
2018 Ohio 2825
Ohio Ct. App.2018Background
- Carlos G. Pino, Jr. pleaded guilty in April 2017 to aggravated possession of drugs (a fifth-degree felony) in Lake County Court of Common Pleas and was sentenced to two years of community control, 16 days jail credit, fines/costs, and license suspension with limited driving privileges.
- While on community control, Pino was arrested October 22, 2017 for OVI and pleaded guilty to the misdemeanor offense of physical control while under the influence; the state charged him with violating probation rules (obey laws and no alcohol use).
- The state moved to terminate community control; at a December 4, 2017 hearing the trial court revoked community control and sentenced Pino to nine months imprisonment and imposed costs.
- Pino appealed, arguing the sentence violated R.C. 2929.15(B)(1)(c)(i), which caps prison terms at 90 days for technical violations or new nonfelony offenses committed while serving community control for a fifth-degree felony.
- The State conceded Pino’s statutory argument; the appellate court found the sentence contrary to law and reversed and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court could impose a nine-month prison term after revoking community control for a misdemeanor/new nonfelony and an alleged technical violation while the original offense was a fifth-degree felony | State: revocation and nine-month sentence appropriate based on violations | Pino: R.C. 2929.15(B)(1)(c)(i) limits prison term to 90 days for technical violations or new nonfelonies while on community control for a fifth-degree felony; drinking is a technical (noncriminal) probation violation | Court: Reversed—sentence contrary to law; statutory cap of 90 days applies |
Key Cases Cited
- State ex rel. Taylor v. Ohio Adult Parole Auth., 66 Ohio St.3d 121 (Ohio 1993) (adopts Sixth Circuit definition of a "technical" probation violation)
- Inmates’ Council v. Rogers, 541 F.2d 633 (6th Cir. 1976) (definition of technical probation violation described)
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standard of appellate review for felony-sentencing issues and whether sentence is contrary to law)