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State v. York

Court of Appeals of Ohio, Fifth District, Fairfield

March 23, 2018

STATE OF OHIO Plaintiff-Appellee
v.
MORGAN RAE YORK Defendant-Appellant

          Appeal from the Fairfield County Common Pleas Court, Case No. 14CR135

          For Plaintiff-Appellee FAIRFIELD COUNTY PROSECUTOR'S OFFICE

          For Defendant-Appellant JASON M. DONNELL Law Offices of Jason M. Donnell, LLC.

          Hon. John W. Wise, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Hoffman, J.

         {¶1} Appellant Morgan Rae York appeals the judgment entered by the Fairfield County Common Pleas Court revoking her community control and ordering her to serve the remainder of her sentence of incarceration of ten months. Appellee is the state of Ohio.[1]

         STATEMENT OF THE CASE[2]

         {¶2} On August 1, 2014, Appellant was placed in Treatment in Lieu of Conviction for one count of theft of a credit card (R.C. 2913.71). She failed to report to her probation officer, and her treatment in lieu of conviction was revoked. She was placed on community control on February 9, 2015.

         {¶3} On April 13, 2017, a probable cause entry was filed stating Appellant failed to report to community control, failed to notify the court of a change of address, and failed to comply with counseling orders.

         {¶4} The case proceeded to a revocation hearing on April 19, 2017. The probation officer who testified at the hearing was permitted to testify over objection to violations included in Appellant's file which occurred prior to the probation officer taking over the case.

         {¶5} By judgment filed April 19, 2017, the court found Appellant violated the terms of her community control. Appellant's community control was revoked and she was sentenced to ten months incarceration, which was the remainder of her sentence. She was given 179 days jail time credit. From this entry Appellant prosecutes this appeal, assigning as error:

I. THE TRIAL COURT VIOLATED APPELLANTS DUE PROCESS RIGHTS BY ADMITTING INTO EVIDENCE RECORDS AND ENTRIES WHICH WERE NOT AUTHENTICATED BY THE PROBATION OFFICER WHO DRAFTED AND FILED SAID RECORDS.
II. THE TRIAL COURT VIOLATED APPELLANTS DUE PROCESS RIGHTS BY RELYING ON EVIDENCE BY A PROBATION OFFICER NOT ASSIGNED TO APPELLANTS CASE WITHOUT A FINDING OF GOOD CAUSE WHY THE PROBATION OFFICER ASSIGNED TO THE CASE COULD NOT APPEAR.

         {¶6} At the oral argument in this matter, Appellant's counsel informed this court Appellant has completed her sentence. The record further demonstrates Appellant completed the sentence imposed by the Fairfield County Common Pleas Court on August 20, 2017. Appellant was not placed under postrelease control by the parole board. Thus, ...


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