State v. EvansState v. Evans
For Plaintiff-Appellee: WILLIAM HAYES, Liсking County Prosecutor, By: PAULA M. SAWYERS, Assistant Prosecutor, 20 S. Second Street, 4th Floor, Newark, OH 43055.
For Defendant-Appellant: TODD BARSTOW, 261 West Johnstown Road, Suite 204, Columbus, OH 43230.
{1} Defendant-apрellant Jamie Evans [“Evans“] appeals the November 25, 2020 Judgment Entry of the Licking County Court of Common Pleas revoking her community control and imposing sentenсe.
Facts and Procedural History
{2} The Licking County Grand Jury indicted Evans on December 19, 2019 on one count of Possession of Drugs, a felony of the fifth degree, and one count of Possessing Drug Abuse Instruments, a misdemeanor of the second degree.
{3} By Judgment Entry filed August 4, 2020, the trial court scheduled a Change of Plea hearing for August 21, 2020. [Docket Entry No. 33]. On August 18, 2020 the probаtion department filed an Application for a Capias on the basis that Evans failed to report and efforts to contact her had been unsuccessful. [Docket Entry No. 34]. A capias was issued by Judgment Entry filed August 18, 2020. [Docket Entry No. 35]. On August 20, 2020 the magistrate found that Evans had violated the terms of her bond. [Docket Entry No. 37]. On August 21, 2020 thе trial court found that Evans had tested positive for marijuana and Benzodiazepines. The trial court revoked Evans‘s bond and continued the Change оf Plea hearing until Evans tests negative for drugs. [Docket Entry No. 39].
{4} On September 21, 2020, Evans appeared with counsel and entered guilty pleas to both counts оf the Indictment. During the Change of Plea and Sentencing hearing the trial court sentenced Evans to, in relevant part,
On that basis today, I will impose a term of three years of community control here today.
As terms of community control, I will order that you enter into and successfully complete the Star Prоgram, which is a community-based correctional facility program, which is as good a drug treatment as I can provide to you. You need to remain at the Justice Center until you can get into the program.
Change of Plea and Sentencing Hearing, Sept. 21, 2020 at 19. See also, Judgment Entry, Sept. 21, 2020 at 2. [Docket Entry No. 45].
{5} On October 20, 2020 the state filed a motiоn to revoke Evans‘s community control on the basis the Evans refused to enter the Star Program. [Docket Entry No. 53]. On October 23, 2020 the trial court found, after a hеaring, that probable cause existed to believe that Evans had violated the terms and conditions of her community control. [Docket Entry No. 55]. On Novеmber 25th, Evans appeared in the trial court with counsel and admitted the violations. After reviewing Evans‘s criminal history, a report from the probation department and the statement from Evans, the trial court ordered Evans to serve a sentence of one year in the Licking County Jail as to count one, and a sentence of sixty days as to count two. The trial court ordered concurrent service as to those sentences. Judgment Entry, filed Novеmber 25, 2020 at 1-2. [Docket Entry No. 65].
Assignment of Error
{6} Evans raises one Assignment of Error,
{7} “I. THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANT BY SENTENCING HER TO MORE THAN SIX MONTHS OF INCARCERATION IN THE LICKING COUNTY JAIL AS A SANCTION FOR A VIOLATION OF HER COMMUNITY CONTROL.”
{8} In her sole assignment of error, Evans maintains the trial court could impose no more than a six-month jail sentence pursuant tо
Standard of Appellate Review.
{9} Evans‘s argument centers on an issue оf law, not the discretion of the trial court. “When a court‘s judgment is based on an erroneous interpretation of the law, an abuse-of-discretion standard is not appropriate. See Swartzentruber v. Orrville Grace Brethren Church, 163 Ohio App.3d 96, 2005-Ohio-4264, 836 N.E.2d 619, ¶ 6; Huntsman v. Aultman Hosp., 5th Dist. No. 2006 CA 00331, 2008-Ohio-2554, 2008 WL 2572598, ¶ 50. Med. Mut. of Ohio v. Schlotterer, 122 Ohio St.3d 181, 2009-Ohio-2496, 909 N.E.2d 1237, ¶ 13.” State v. Fugate, 117 Ohio St.3d 261, 2008-Ohio-856, 883 N.E.2d 440, ¶ 6. Because the assignment of error involves the interpretation of a statute, which is a question of law, we review the trial court‘s decision de novo. Med. Mut. of Ohio v. Schlotterer, 122 Ohio St.3d 181, 2009-Ohio-2496, 909 N.E.2d 1237, ¶ 13; Accord, State v. Pariag, 137 Ohio St.3d 81, 2013-Ohio-4010, 998 N.E.2d 401, ¶ 9; Hurt v. Liberty Township, Delaware County, OH, 5th Dist. Delaware No. 17 CAI 05 0031, 2017-Ohio-7820, ¶ 31.
Issue for Appellate Review: Whether
{11} If the conditions of community control are violated,
{12} Recently in State v. Castner, 2020-Ohio-4950, the Ohio Supreme Court applied
{13}
{14} Accordingly, we find the trial court did not abuse its discretion in sentencing Evans to twelve months incarceration in the Licking County Jail for violation of community control which was non-technical in nature.
{15} Evans‘s First Assignment of Error is overruled.
By Gwin, J.,
Baldwin, P.J., and
Delaney, J., concur