State v. Spencer
2019 Ohio 2160
Ohio Ct. App.2019Background
- Clarence C. Spencer pled guilty (June 2014) to possession of heroin, aggravated possession of drugs, and petty theft; court accepted plea as knowing and voluntary.
- Spencer received 80 days for petty theft and five years of community control on the drug counts; conditions required compliance with laws and treatment rules and warned of a possible total 30-month prison term if community control was violated.
- In July 2015 Spencer violated community control by a domestic violence conviction; court continued community control and ordered treatment classes, again warning of potential prison exposure.
- In October 2018 Spencer was found to have violated community control after convictions for tampering with evidence, possession of drugs, and weapons-under-disability, and for being unsuccessfully discharged from court-ordered classes.
- The trial court revoked community control and sentenced Spencer to two concurrent 12-month prison terms; Spencer appealed, arguing the sentence was excessive/contrary to law.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Spencer) | Held |
|---|---|---|---|
| Whether revocation sentence was contrary to law or unsupported by the record | The court properly exercised discretion in revocation and imposed the minimum necessary sanction to satisfy R.C. 2929.11/2929.12 purposes | The court erred by imposing prison; it should have continued community control to allow treatment and used a lesser sanction | Affirmed: sentence not contrary to law and supported by record; court considered statutory factors and acted within discretion |
| Whether trial court failed to consider R.C. 2929.11/2929.12 | Court stated it considered purposes/principles and balanced seriousness/recidivism factors in the entry and at the hearing | Court failed to expressly cite statutes at hearing, so record does not show consideration | Rejected: inclusion of statutory language in sentencing entry and the court's oral statements suffice to show consideration |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (establishes standard for appellate review of felony sentencing and when a sentence may be modified)
- State v. Brandenburg, 146 Ohio St.3d 221 (Ohio 2016) (clarifies appellate authority to modify or vacate sentences only when clearly and convincingly contrary to law or unsupported by the record)