Court of Appeals of Ohio, Second District, Montgomery
Appeal from Common Pleas Court Trial Court Case No.
MATHIAS H. HECK, JR., by ALICE B. PETERS, Attorney for
ADAMS, Atty. Attorney for Defendant-Appellant.
1} This matter is before the court on the appeal of
Defendant-Appellant, Donald F. Scott, from the trial
court's order revoking community control and sentencing
Scott to three years in prison. In support of his appeal,
Appellant contends that the trial court violated his right to
due process by failing to make a written statement as to the
evidence relied upon and the reasons for revoking community
control. We conclude that the trial court's oral
statement of its reasons at the revocation hearing,
Scott's admission that he violated his community control
sanctions, and the written transcription of the hearing
satisfy due process. Accordingly, the judgment of the trial
court will be affirmed.
Facts and Course of Proceedings
2} On June 18, 2014, the Montgomery County Grand
Jury indicted Scott on four counts of felonious assault with
a deadly weapon, felonies in the second degree, in violation
of R.C. 2903.11(A)(2). Dkt. 5. On September 2, 2014, Scott
pled no contest to two counts of felonious assault with a
deadly weapon and the State dismissed the remaining two
counts. Dkt. 62. On November 18, 2014, the trial court found
Scott guilty on both counts and sentenced him to community
control sanctions for a period not to exceed five years. Dkt.
85. The termination entry stated that the trial court could
impose prison terms of eight years for each count if Scott
failed to comply with the terms of his community control or
if he violated the law.
3} On December 2, 2015, a notice of community
control revocation was filed against Scott, and on January
28, 2016, an amended notice of community control revocation
was filed. Dkt. 89, 97. On February 11, 2016, the trial court
continued Scott on community control sanctions for up to five
years subject to the previous sanctions. The trial court
modified the sanctions by adding the following: (1) Scott
must serve 90 days in the Montgomery County Jail; (2) Scott
must appear for a status hearing on April 4, 2016, and (3)
Scott must complete 140 hours of community service. Dkt. 102.
4} On July 14, 2016, another notice of community
control revocation was filed against Scott. Dkt. 112. The
notice alleged that Scott (1) violated Rule 1 of his
community control sanctions when he was charged with
possession of drug paraphernalia and driving under suspension
in Miamisburg Municipal Court and with petty theft and
falsification in Moraine Mayor's Court; (2) violated Rule
5 of his community control by failing to report to the trial
court for a status hearing; and (3) violated Special
Sanctions 5 and 7 by failing to make child support payments
and failing to verify the completion of community service.
5} On July 25, 2016, the trial court held a hearing
for a first reading of Scott's community control
revocation. At that hearing, Scott acknowledged receipt of
the notice of revocation, waived the probable cause hearing,
waived the reading of the notice of revocation, and entered a
general denial of the alleged violation. Transcript, p. 4.
The trial court then set the matter for an evidentiary
hearing for October 7, 2016.
6} On October 7, 2016, the trial court was informed
that Scott would be admitting to certain violations of his
community control sanctions. Id. at 8-9. At the
hearing, Scott admitted to the violation of Rule 5 as set
forth in the notice of revocation. Id. at 9-12. He
admitted to not appearing before the trial court for his
status hearing and not reporting to his probation officer.
Scott also admitted to violating Rule 1, but stated that the
notice of revocation was not completely accurate because he
was not found guilty of all of the charges in the notice.
Id. Scott's counsel discussed the rule
violations and mitigating factors and Scott addressed the
trial court about mitigating factors. Id.
7} After hearing from Scott and his counsel, the
trial court stated, in part (id. at 13):
It should be noted that the Court previously dealt with a
revocation issue in this matter and I reinstated Mr. Scott to
community control sanctions with what I will ...