State v. Taylor
2016 Ohio 4948
Ohio Ct. App.2016Background
- Marlon F. Taylor pleaded guilty to one count of possession of cocaine (5th-degree felony) and received two years community control under Adult Parole Authority supervision (Aug. 13, 2015).
- Taylor was later arrested (Nov. 19, 2015) and charged with tampering with evidence (3rd-degree felony) in Licking County; the charge remained pending.
- The State moved to revoke Taylor’s community control (Dec. 30, 2015); a notice hearing occurred Jan. 4, 2016 and an evidentiary hearing Jan. 11, 2016.
- Probation officer Dale Jennings testified Taylor failed to report as directed and failed to obtain a court-ordered substance abuse assessment; Jennings also noted the pending tampering charge.
- The trial court found three violations (failure to report, arrest/charge for tampering with evidence, failure to obtain assessment), revoked community control, and imposed a 12-month prison term (Jan. 12, 2016).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a mere criminal charge/arrest can support revocation of community control | State relied on the arrest/charge as a basis for revocation | Taylor argued that being charged/arrested alone cannot prove a violation | Court held an arrest/charge alone is insufficient to support revocation and erred to the extent it relied on that charge |
| Whether the imposed 12-month prison sentence was an abuse of discretion for the violations | State sought revocation and incarceration based on all violations alleged | Taylor argued incarceration for the cited (mostly minor) violations was an abuse of discretion | Court found this issue premature after reversing and remanding for resentencing without considering the improper charge |
Key Cases Cited
- State v. Wagner, 179 Ohio App.3d 165 (Ohio App. 2008) (criminal charge alone is insufficient to prove commission of a crime for probation violation)
- State v. Moine, 72 Ohio App.3d 584 (Ohio App. 1991) (mere arrest does not constitute probation violation)
- State v. Craig, 130 Ohio App.3d 639 (Ohio App. 1998) (an arrest alone cannot constitute a community control violation)