Court of Appeals of Ohio, Fifth District, Fairfield
from the Fairfield County Common Pleas Court, Case No.
Plaintiff-Appellee FAIRFIELD COUNTY PROSECUTOR'S OFFICE
Defendant-Appellant JASON M. DONNELL Law Offices of Jason M.
John W. Wise, P.J. Hon. William B. Hoffman, J. Hon. Earle E.
Wise, Jr., J.
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.
OF THE CASE
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her treatment in lieu of conviction was revoked.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.
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.
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.
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community control was revoked and she was sentenced to ten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
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.
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, ...