State v. Rogers, 2013 Ohio 588

Rogers was indicted for three counts of felony child support nonpayment; pleaded to a misdemeanor criminal nonsupport; sentenced to five years of community control with restitution and payment obligations.
The original probation required regular payments toward $13,765.27 in restitution and compliance with probation rules.
In January 2012 the court, while continuing community control, added monthly reporting, $20 payments, and drug testing, warning of possible six months in jail for violations.
A July 2012 violation hearing found Rogers failed to report, failed to pay, and tested positive for drugs; restitution balance was $13,441.55.
The trial court continued community control instead of imposing jail and further directed payments and potential employment; Rogers appealed five errors.
The appellate court affirmed, addressing notices, modification authority, evidence, and sentencing arguments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Due process notice for probation violation	Rogers: no oral finding of violation in court	Rogers: failure to state violation orally violated due process	Not reversible; court continued control and stated grounds at hearings; error not shown
Modification of original sentence conditions	State: court may modify conditions during term	Rogers: conditions added later, not originally pronounced	Court validly modified conditions under RC 2929.25(B); January 2012 modification proper
Oral pronouncement of probation conditions	State: conditions were stated or implied; regular advisements given	Rogers: not orally pronounced	Presumed regularity due to lack of transcript; oral pronouncements not necessary for upheld modification
Use of unsworn probation officer testimony	State: probation officer testimony supported violations	Rogers: unsworn testimony improper	Error waived by failure to object; testimony admissible and sufficient for finding violation
Imposition of maximum six-month jail sentence	State: no sentence of six months was imposed at the 2012 hearing	Rogers: maximum sentence improperly considered without proper criteria	No jail term actually imposed; issue not properly before court; affirmed

State v. Williams, 43 Ohio App.3d 184 (8th Cir. 1988) (due process probation violations; need for notice and hearing)
Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (presumption of regularity in trial proceedings when record is incomplete)
State v. Bartlett, 2012-Ohio-103 (8th Dist. 2012) (distinguishes lack of prior notice of imprisonment under probation)
State v. Fonte, 8th Dist. No. 98144, 2013-Ohio-98 (8th Dist. 2013) (unsworn probation officer testimony; waiver when not objected)