State v. Roberts
2017 Ohio 481
| Ohio Ct. App. | 2017Background
- Defendant Kyle J. Roberts pled guilty in two separate cases to fifth-degree felony drug offenses and was placed on community control with a special condition requiring admission to the West Central residential treatment (CBRF) program.
- While under supervision, Roberts was charged with additional drug offenses and the probation officer alleged multiple supervision violations, including failing to gain admission to West Central.
- Roberts admitted at the revocation hearing that he did not successfully gain admission to West Central, though he disputed some of the factual reasons given for the rejection (e.g., allegedly "cheeking" medication).
- The trial court conducted a preliminary hearing, then a final revocation hearing at which Roberts was given the opportunity to speak, counsel argued mitigation, and the court considered sentencing statutes and reports.
- The court revoked community control in both cases and imposed prison terms of 11 and 7 months to run consecutively (aggregate 18 months); Roberts later completed the prison term and remained on three years of post-release control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether revocation denied due process by barring Roberts from presenting a defense | State: Procedures followed satisfied due process; written notice and hearing were provided | Roberts: Court prevented him from presenting a defense to the non-admission allegation | Court: No due process violation; Roberts repeatedly acknowledged non-admission and had opportunity to contest reasons and present mitigation |
| Whether the court abused its discretion in revoking community control | State: Given repeated violations and failure to complete required residential treatment, revocation was within discretion | Roberts: Revocation was excessive; alternative inpatient options not adequately considered and factual reasons for non-admission disputed | Court: No abuse of discretion; defendant not amenable to community sanctions and alternatives were not available |
Key Cases Cited
- Morrissey v. Brewer, 408 U.S. 471 (1972) (due-process framework for revocation of conditional liberty interests)
- Gagnon v. Scarpelli, 411 U.S. 778 (1973) (preliminary and final hearing protections required before revoking probation/community control)