APPEAL FROM COMMON PLEAS COURT
E. Cantrell, West Union, Ohio, for appellant.
Kelley, Adams County Prosecuting Attorney, and Kris D.
Blanton, Assistant Adams County Prosecuting Attorney, West
Union, Ohio, for appellee.
DECISION AND JUDGMENT ENTRY
B. ABELE, JUDGE.
1} This is an appeal from an Adams County Court
judgment of conviction and sentence. The trial court found
John D. Shafer, defendant below and appellant herein, guilty
of having physical control of a vehicle while under the
influence in violation of R.C. 4511.194. The court sentenced
appellant to serve 180 days in jail, with 120 days suspended,
and imposed two years of community control. Appellant assigns
the following errors for review:
FIRST ASSIGNMENT OF ERROR:
"THE TRIAL COURT ABUSED ITS DISCRETION IN REFUSING TO
GRANT THE CONTINUANCE OF THE SENTENCING."
SECOND ASSIGNMENT OF ERROR:
"THE DEFENDANT-APPELLANT WAS DENIED HIS RIGHT TO THE
EFFECTIVE ASSISTANCE OF COUNSEL, AS GUARANTEED BY THE SIXTH
AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
2} On December 22, 2016, appellant was charged with
operating a motor vehicle while under the influence of
alcohol/drugs. Appellant entered a not guilty plea, but later
agreed to plead guilty to having physical control of a
vehicle while under the influence in violation of R.C.
4511.194, a first-degree misdemeanor. In exchange, the state
agreed to recommended a 60-day suspended sentence and a $250
3} The trial court ordered a presentence
investigation report and set the matter for an April 10, 2017
sentencing hearing. On April 10, the court rescheduled the
sentencing hearing to April 17. On April 17, appellant filed
a motion to continue the sentencing hearing. Appellant
asserted that he admitted himself to an addiction treatment
facility. The court found that appellant failed to appear for
sentencing and issued a bench warrant for his arrest.
4} On July 10, 2017, the trial court held a
sentencing hearing. At the start of the hearing, the court
noted that (1) appellant failed to appear for the
previously-scheduled sentencing hearing, (2) the court had
ordered appellant to obtain weekly drug screens pending
sentencing, but appellant had not obtained any.
Appellant's counsel indicated that appellant was not
aware that he needed to obtain weekly drug screens.
Appellant's counsel also related that appellant had been
admitted to an addiction treatment facility and that
"the court was made aware of the admittance."
5} Before continuing with the sentencing hearing,
the trial court ordered appellant to undergo a drug screen to
"[s]ee how long he's going to serve."
Appellant, unfortunately, tested positive for marijuana.
Appellant stated that he "smoked" marijuana when he
was in jail.
6} The trial court reviewed the presentence
investigation report and observed that appellant had a
criminal record dating to 2005, which included drug
abuse/trafficking in drugs, burglary, receiving stolen
property, rape, and theft. Appellant denied that he had
"a Trafficking in Drugs [or Burglary] on [his] record,
" but he admitted the rape charge was true. Appellant
stated that the theft charge is "supposed to be off
[his] record." Appellant agreed that he has a "bad
experience with drugs, " but explained that he ...