Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
APPELLANT Kenneth R. Davis, Jr., pro se
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor Eben McNair Assistant County Prosecutor
BEFORE: Kilbane, P.J., Stewart, J., and Blackmon, J.
JOURNAL ENTRY AND OPINION
EILEEN KILBANE, PRESIDING JUDGE
Defendant-appellant, Kenneth R. Davis, Jr.
("Davis"), pro se, appeals the trial court's
imposition of a five-day detention in response to his
positive drug tests for marijuana while on intervention in
lieu of conviction ("ILC"). Davis also appeals the
trial court's denial of his motion to withdraw his guilty
plea. For the reasons set forth below, we affirm.
In November 2014, Davis was indicted on four counts of
trafficking and two counts of drug possession. In April 2015,
Davis pled guilty to the indictment, and the trial court
granted his request for ILC under R.C. 2951.041. The trial
court stayed the proceedings pending Davis's successful
completion of the ILC program and placed Davis under the
supervision of the probation department for one year,
imposing various conditions.
In August 2015, the trial court set a hearing in response to
a probation department report that Davis had tested positive
for marijuana. The trial court continued this hearing and
granted Davis's request to seek out and enroll in an
intensive outpatient treatment program. The trial court gave
Davis three weeks to coordinate this with his probation
officer and to provide verification of his enrollment in a
treatment program to the court. The trial court warned Davis
that his failure to do so, or to test positive for anything
other than marijuana, "due to extended presence in
[Davis's] body, " would result in termination from
ILC. The record indicates that the hearing was not held.
In February 2016, the trial court held a hearing and found
that Davis had tested positive for marijuana a second time.
At this hearing, the trial court continued Davis in the ILC
program and extended Davis's participation in ILC for six
months. The trial court also warned Davis that any future
positive test results for marijuana may result in a county
jail detention of at least five days.
In March 2016, the trial court held a hearing, for which
Davis did not appear. The trial court issued a capias. In
April 2016, the trial court held the hearing, at which Davis
appeared, and found that Davis tested positive for marijuana
a third time. The trial court then imposed a five-day jail
detention on Davis. The trial court ordered Davis to report
to county jail on April 29, 2016, and further ordered that he
be released on May 4, 2016. The trial court again continued
Davis in the ILC program with prior conditions.
In July 2016, the trial court held a violation hearing. Davis
waived probable cause and the trial court found him in
violation of the terms of ILC "due to repeated positive
drug tests and negative attitude towards the ILC
program." The trial court terminated Davis from the ILC
program and made findings of guilt on all counts of the
indictment in light of Davis's April 2015 guilty plea.
The trial court referred Davis to the probation department
for a presentence investigation report and scheduled a
In August 2016, Davis filed a pro se "motion to dismiss
or as an alternative motion to withdraw * * * guilty plea
with request for appointed counsel to join in on instant
motion." The trial court never ruled on this motion. In
October 2016, the trial court sentenced Davis to community
It is from the October 2016 sentencing entry that Davis now
appeals. He raises the following ...