State v. Rohr, 2021 Ohio 2948

Defendant Caitlynn M. Rohr pleaded guilty to one count of burglary in violation of R.C. 2911.12(A)(3), a third-degree felony, and received two years of community control in April 2020.
While on community control she committed multiple violations: missed payments for court costs/restitution, possessed a lotion bottle containing substituted urine, failed a drug screen (positive for multiple drugs), and failed to complete required drug‑court and mental‑health assessments.
Rohr admitted the violations at the February 8, 2021 hearing.
The trial court revoked community control and sentenced Rohr to 24 months in prison followed by three years of mandatory post‑release control.
Rohr appealed, raising two assignments of error: (1) the trial court abused its discretion by imposing a 24‑month prison term, and (2) the court erred by imposing mandatory rather than discretionary post‑release control.
The trial court explained the revocation and sentence by citing Rohr’s repeated relapses, deception (substituted urine), failure to complete treatment despite multiple prior opportunities, and the breach of the victims’ trust.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 24‑month prison sentence following revocation was an abuse of discretion	Revocation and prison were appropriate because Rohr repeatedly violated conditions, relapsed multiple times, deceived the court, and failed to use prior treatment opportunities	Abuse of discretion: sentence excessive; incarceration improper (including for nonpayment); Rohr had employment and was seeking assessments/treatment; a less‑restrictive sanction could be used	Revocation was not an abuse of discretion; 24 months is within the statutory range, trial court considered R.C. 2929.11/2929.12, and sentence is not contrary to law
Whether post‑release control was mandatory or discretionary	Burglary under R.C. 2911.12(A)(3) is an "offense of violence," so mandatory post‑release control applies	Argues burglary A(3) is not an "offense of violence," so post‑release control should be discretionary	Court held burglary A(3) is an offense of violence; mandatory post‑release control applies

State v. Marcum, 146 Ohio St.3d 516, 59 N.E.3d 1231 (Ohio 2016) (governs appellate review standard for sentences imposed after community‑control revocation)
State v. Jones, 163 Ohio St.3d 242, 169 N.E.3d 649 (Ohio 2020) (limits appellate review: courts may not vacate/modify solely because R.C. 2929.11/2929.12 factors lack explicit record support)
State v. Brown, 99 N.E.3d 1135 (2d Dist. 2017) (explains when a sentence is "contrary to law" for appellate review)