Court of Appeals of Ohio, Eleventh District, Ashtabula
Appeal from the Ashtabula County Court of Common Pleas, Case
No. 2014 CR 00298.
Nicholas A. Iarocci, Ashtabula County Prosecutor, and Shelley
M. Pratt For Plaintiff-Appellee.
Richard Tadd Pinkston, Suite L, Barberton For
R. WRIGHT, J.
Appellant, Douglas M. Mayle, Jr., appeals revocation of his
community control sanctions and imposition of a thirty-month
prison term on his conviction for attempted felonious
assault. He challenges the trial court's acceptance of
his admission to the community control violation and his
sentence. We affirm.
In July 2014, appellant was indicted on one count of
felonious assault, a second-degree felony under R.C.
2903.11(A)(1), based upon an allegation that appellant threw
a kitchen chair that hit his girlfriend in the chest,
injuring her sternum.
Ultimately, appellant entered an Alford guilty plea
to an amended charge of attempted felonious assault, a
third-degree felony. The trial court accepted the plea and
found appellant guilty.
A sentencing hearing was later scheduled and held. Speaking
on his own behalf, appellant claimed he never intended any
harm. He also informed that he was experiencing serious
health problems, including liver failure. After
appellant's statement, the prosecutor agreed
incarceration was not appropriate. The trial court sentenced
appellant to two years of community control, placing him on
intensive supervision. The court informed appellant that he
would be subject to a thirty-month prison term if he violated
community control sanctions.
Approximately fifteen months later, the trial court issued a
capias for appellant's arrest on the grounds that he
repeatedly violated the terms of community control. Appellant
was apprehended and confined in the county jail. His
probation officer filed a "violation" complaint,
alleging failure to report for over six months.
A probable cause hearing on the alleged violation was held.
After the trial court explained the purpose of a probable
cause hearing, appellant stated that he did not wish to
challenge the allegation. He asserted that he was not
receiving proper medical care in the county jail, and that he
needed to be transferred to a state penitentiary as soon as
possible to obtain adequate care. Thereafter, appellant
consulted off the record with his counsel, who then informed
that his client waives the probable cause and final hearing,
and enters an admission on the violation.
After the trial court accepted the admission, appellant's
counsel requested a shorter prison term than the thirty-month
term referenced when community control sanctions were
imposed. While acknowledging that appellant had taken some
steps to change his behavior, the trial court imposed a
thirty-month prison term finding appellant no longer amenable
to community control sanctions, and that a prison term was
necessary to satisfy the overriding purposes and principles
of felony sentencing.
Appellant appeals raising:
"[1.] The trial court erred when it accepted a de facto
Alford guilty plea from [appellant] without
following the proper procedure laid out in State v.
Piacella, 27 Ohio St.2d 92, 271 N.E.2d 852 (1971).
"[2.] The trial court erred in failing to notify
[appellant] that an admission of violating community control
at his probable cause hearing would trigger a thirty-month
prison sentence under R.C. 2929.15 and R.C. 2929.19 and
additionally by ...