State v. Santiago
2015 Ohio 4674
Ohio Ct. App.2015Background
- In Sept. 2014 Santiago was indicted with codefendants for theft (fifth-degree felony) and escape (originally third-degree, reduced).
- On Nov. 6, 2014 Santiago pleaded guilty to fifth-degree theft (Count 1) and to a reduced fifth-degree escape (Count 2).
- Pre-sentence reports and a TASC evaluation were obtained; court noted Santiago’s extensive felony history and heroin addiction.
- For Count 1 (theft) the court imposed 12 months imprisonment (minus time served) and postrelease control.
- For Count 2 (escape) the court ordered 90 days in jail, two years of community-control sanctions including CBCF, followed by probation; Count 2 was ordered consecutive to Count 1.
- Santiago appealed, arguing the sentence on Count 2 unlawfully imposed both prison and community-control sanctions for the same offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing jail/CBCF time plus community-control sanctions on Count 2 (escape) | State: Sentence imposed 90 days jail + 2 years community control for escape is lawful; prison was imposed only for theft (Count 1). | Santiago: The court impermissibly "stacked" a prison term and community-control sanctions for the same offense, violating R.C. 2929.15 and case law disallowing suspending prison as part of community control. | Court: No error — jail/CBCF and community-control sanctions are permissible community-residential and nonresidential sanctions under R.C. 2929.15–.18; the prison term was for theft, not for escape. Judgment affirmed. |
Key Cases Cited
- State v. Sutherlin, 154 Ohio App.3d 765 (1st Dist. 2003) (discusses limits on suspending prison when granting community control)
- State v. Amos, 140 Ohio St.3d 238 (Ohio 2014) (explains statutory scheme favoring community-control sanctions and available residential/nonresidential sanctions)
- State v. Jacobs, 189 Ohio App.3d 283 (8th Dist. 2010) (noting sentencing statute does not allow both prison and community control for the same offense)
- State v. Tarbay, 157 Ohio App.3d 261 (1st Dist. 2004) (trial court has discretion to impose CBCF or jail as community-control sanctions)