from the Franklin County Court of Common Pleas No. 15CR-4670
brief: Ron O'Brien, Prosecuting Attorney, and Steven L.
Taylor, for appellee.
brief: Yeura Venters, Public Defender, and Timothy E. Pierce,
1} Defendant-appellant, Antonio J. Ellison, appeals
a judgment of the Franklin County Court of Common Pleas
retaining jurisdiction over Ellison and committing him to
Twin Valley Behavioral Healthcare ("Twin Valley").
For the following reasons, we reverse that judgment and
remand this matter to the trial court.
2} On September 23, 2015, Ellison was indicted on
(1) one count of rape, a violation of R.C. 2907.02 and a
felony of the first degree; (2) two counts of kidnapping,
violations of R.C. 2905.01 and felonies of the first degree;
and (3) one count of abduction, a violation of R.C. 2905.02
and a felony of the third degree. The indictment arose out of
Ellison's assault of E.R. According to E.R., on the
evening of September 14, 2015, Ellison held her down and
forced his fingers into her vagina. Although Ellison briefly
let E.R. go, he followed her and beat and kicked her.
3} After Ellison pleaded not guilty to the charges,
defense counsel raised the question of Ellison's
competency to stand trial. Pursuant to R.C. 2945.371(A), the
trial court ordered an evaluation of Ellison's mental
condition. An examiner evaluated Ellison and submitted a
4} At a hearing on the issue of Ellison's
competency, the prosecutor and defense counsel stipulated to
the admission of the examiner's written report. Based on
the report and other evidence, the trial court found that:
[Ellison] is presently mentally ill and mentally retarded and
subject to court ordered hospitalization, that [Ellison] does
not understand the nature and objective of the proceedings
against [him] and presently cannot assist in [his] defense,
and that there is a substantial probability that [Ellison]
will become competent to stand trial within one year if [he]
is provided with a course of treatment.
(Jan. 13, 2016 Entry at 1.) The trial court ordered Ellison
to undergo inpatient treatment at Twin Valley for one year.
On February 12, 2016, the trial court issued an order
permitting Ellison to receive treatment at Summit Behavioral
Healthcare rather than Twin Valley.
5} After Ellison had received six months of
treatment, his treatment provider submitted a written report
regarding his mental condition to the trial court. At a
subsequent hearing, the prosecutor and defense counsel again
stipulated to the admission of the written report. Based on
that report and other evidence, the trial court found
"th[at] [Ellison] continue[d] to be mentally ill and
subject to Court ordered hospitalization." (July 11,
2016 Entry at 1.) The trial court required Ellison to
continue treatment for restoration to competency.
6} At the one-year mark, the prosecutor moved for
the trial court to retain jurisdiction over Ellison and
commit him for mental health treatment. The trial court held
a hearing on the prosecutor's motion. At that hearing,
defense counsel stipulated that Ellison was a "mentally
ill person subject to hospitalization, " but contested
whether clear and convincing evidence established that
Ellison committed the offenses contained in the indictment.
(Tr. at 6.) To prove Ellison's culpability, the
prosecutor presented testimony from the police detective who
investigated E.R.'s allegations of assault. The
prosecutor also introduced the written report that a sexual
assault nurse examiner had prepared to document the incident
and E.R.'s injuries.
7} In addition to the evidence presented by the
prosecutor, the trial court had before it the most recent
written report from Ellison's treatment provider. Both
the prosecutor and the defense counsel stipulated to the
findings and recommendations contained in the treatment
8} Subsequent to the hearing, the trial court ...