State v. Roberts
2019 Ohio 4205
Ohio Ct. App.2019Background
- Appellant Willie S. Roberts pled guilty to one count of possession of cocaine (fifth-degree felony) on November 9, 2016.
- The trial court sentenced Roberts to five years of community control.
- Roberts was found to have violated community-control conditions twice (June 12, 2017; January 30, 2019).
- On the second revocation the court revoked community control and entered a prison sentence described as 231 days with 141 days jail-time credit (effectively 90 days).
- Roberts appealed, arguing the court erred by not sentencing him to time served and by the manner in which the sentence/credit was imposed.
- The Twelfth District reversed and remanded, holding the sentence must conform to the 90-day statutory cap for technical violations and reflect proper jail-time credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in sentencing Roberts after revoking community control for a second technical violation | State: the trial court’s imposition of prison was within its discretion and the sentence imposed was permissible | Roberts: sentence should be the statutory 90-day maximum for a technical violation, reduced by credit for time already served (i.e., effectively time served) | Court: reversed — trial court erred; sentence must be a 90-day cap for technical violations and credit applied under jail-time credit statute, so remand for resentencing |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (2016) (sets appellate-review standard for felony sentencing/community-control matters)
- State v. Brandenburg, 146 Ohio St.3d 221 (2016) (appellate court may modify sentence only when clearly and convincingly contrary to law or unsupported by the record)
- State v. Fair, 136 Ohio App.3d 184 (2000) (confinement imposed for a community-control violation is deemed to arise from the original offense for purposes of jail-time credit)