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State v. Johnson

Court of Appeals of Ohio, Eighth District, Cuyahoga

April 13, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE
v.
JULIAN Q. JOHNSON, DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-15-596825-A.

          ATTORNEY FOR APPELLANT Rick L. Ferrara

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Justine Dionisopoulos Gittel L. Chaiko Assistant Prosecuting Attorney

          BEFORE: Laster Mays, J., Kilbane, P.J., and Blackmon, J.

          JOURNAL ENTRY AND OPINION

          ANITA LASTER MAYS, JUDGE

         {¶1} Defendant-appellant, Julian Q. Johnson ("Johnson"), appeals his sentence and asks this court to vacate and reduce his sentence. We affirm.

         {¶2} Johnson was convicted of criminal nonsupport, a fifth-degree felony in violation of R.C. 2919.21(B) and sentenced to a 12-month suspended prison term with five years of community control sanctions. Johnson violated his community control sanctions, and the trial court sentenced him to his 12 months imprisonment.

         I. Facts

         {¶3} On September 21, 2015, Johnson was found guilty of failing to pay child support, and the trial court placed him on community control. During this time, Johnson was ordered by the trial court to report to the probation department on November 25th, December 2d, and December 9th of that same year. Johnson failed to report. Johnson was arrested on December 10, 2015. A probation violation hearing was set.

         {¶4} At the February 10, 2016 probation violation hearing, Johnson acknowledged his failure to report and waived the probable cause hearing. Johnson stated that he did not report on November 25th because he could not find anyone to babysit his daughter, who was home sick from school. He also stated that he was unaware that he was supposed to report to the probation department weekly. The trial court acknowledged Johnson's statements but rejected his reasoning. The trial court terminated Johnson's community control and ordered the original sentence into execution. Johnson appeals his 12-month sentence.[1] Johnson assigns two errors for our review. We will review these together.

I. The trial court abused its discretion in terminating appellant's community control sanctions; and
II. The trial court abused its discretion in imposing too sever a penalty upon its finding of a violation of community control sanctions.

         II. Community Control Sanctions

         A.Standard of ...


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