Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
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
LASTER MAYS, JUDGE
Defendant-appellant, Julian Q. Johnson ("Johnson"),
appeals his sentence and asks this court to vacate and reduce
his sentence. We affirm.
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
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.
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. 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
Community Control Sanctions
A.Standard of ...