State v. Reed
2017 Ohio 8237
| Ohio Ct. App. | 2017Background
- Dylan Reed was indicted for one count of aggravated possession of drugs (fifth-degree felony) and pleaded no contest on October 12, 2016.
- He entered the pre-conviction Substance Abuse Treatment Court (SATC) diversion program after his plea.
- While in SATC, Reed allegedly used his phone to send pictures of drugs and weapons and advised others to use LSD to avoid detection; this led to termination from SATC.
- The trial court found him guilty on the plea and sentenced him to 12 months imprisonment on February 22, 2017.
- Reed appealed, arguing R.C. 2929.13(B)(1)(a) required community control for qualifying fifth-degree felonies and that his SATC violations did not justify prison under the statutory exceptions.
- The State argued a prison term was permitted under R.C. 2929.13(B)(1)(b)(iii) because Reed violated a condition of his bond by his conduct while in the diversion program.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing a 12-month prison term instead of community control for a qualifying fifth-degree felony under R.C. 2929.13(B)(1)(a) | State: prison was authorized under R.C. 2929.13(B)(1)(b)(iii) because Reed violated bond conditions while in the diversion program | Reed: he violated SATC conditions, not bond conditions; he met the statutory criteria requiring community control under R.C. 2929.13(B)(1)(a) | Reversed and remanded: court erred; record shows SATC violations only, not bond violations, so the prison sentence was contrary to law |
Key Cases Cited
- Marcum v. State, 146 Ohio St.3d 516 (Ohio 2016) (sets forth standard of review under R.C. 2953.08 for felony sentences and guides appellate review of sentencing errors)