State v. Shaffer
2018 Ohio 5297
Ohio Ct. App.2018Background
- Anthony Shaffer pled guilty to five fifth-degree felony breaking-and-entering offenses; remaining counts dismissed. He was sentenced to five years of community control in 2013 with general and specific conditions (including no drug/alcohol use, restitution, and supervision fees).
- In 2017 probation filed affidavits alleging multiple community-control violations: failure to pay supervision fees and restitution (admitted), and positive drug tests/admissions for methamphetamine and oxycodone (admitted).
- The trial court found community-control violations and proceeded to revoke and impose prison terms: six months on each of five counts, with the first three consecutive (total 18 months).
- The trial court ruled the 90-day limitation in R.C. 2929.15(B)(1)(c)(i) did not apply because (1) restitution nonpayment was not a "technical" violation, and (2) Shaffer was on community control for multiple fifth-degree felonies rather than a single fifth-degree felony.
- Shaffer appealed raising two errors: (1) that R.C. 2929.15(B)(1)(c)(i) applies to defendants on community control for multiple fifth-degree felonies; and (2) that failure to pay restitution is a technical violation.
- The Twelfth District affirmed based on its precedent in State v. Walsson: Shaffer committed new felony drug offenses (methamphetamine, oxycodone) while on community control, so the 90-day limit for technical violations did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2929.15(B)(1)(c)(i)’s 90-day cap applies when defendant is on community control for multiple fifth-degree felonies | Shaffer: the 90-day limit should apply regardless of number of fifth-degree felonies | State: limit inapplicable where new felony offenses were committed while under community control | Court: 90-day cap inapplicable because Shaffer committed new felony offenses while under community control |
| Whether failure to pay restitution is a "technical" community-control violation subject to 90-day cap | Shaffer: failure to pay restitution is a technical violation limiting prison to 90 days | State: restitution nonpayment is not a technical violation here and, in any event, Shaffer committed new felonies | Court: decision affirmed on grounds that new felony drug offenses removed 90-day limitation; assignments moot |
Key Cases Cited
- State v. Brandenburg, 146 Ohio St.3d 221 (2016) (standard for appellate review of felony sentences under R.C. 2953.08(G)(2))