Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Common Pleas Court, Case NO.
Plaintiff-Appellee MIKE DEWINE Ohio Attorney General MICAH R.
Defendant-Appellant JOHN C. O'DONNELL.
William B. Hoffman, P.J. Hon. Craig R. Baldwin, J. Hon. Earle
E. Wise, Jr., J.
Appellant Christopher Brooks appeals the judgment entered by
the Richland County Common Pleas Court finding him in
violation of the terms of his community control and
sentencing him to fifteen months incarceration. Appellee is
the state of Ohio.
OF THE CASE AND FACTS
On April 25, 2017, Appellant was convicted of aggravated
assault upon a plea of guilty, and placed on four years
community control. On August 28, 2017, his probation officer
filed notice of violation of the terms of his probation. The
violation notice included four counts: failing to notify his
supervising officer of his residence; failing to pay court
costs, fines and supervision fees; missing fourteen office
visits with his supervising officer; and failing to report
contact with police officers in July of 2017 when he was
The case proceeded to trial in the Richland County Common
Pleas Court. Appellant admitted all violations except for
failing to notify his probation officer of his residence.
Appellant testified he had been assaulted and underwent
surgery on his leg due to his injuries. He acknowledged not
reporting the incident to his probation officer, but claimed
he believed the investigating officer reported the incident
to his probation officer. He testified he called his
probation officer on May 5, 2017, to let him know, "I
really particularly wasn't feeling doing
probation[.]" Tr. 31. He testified his employer would
not allow him to come back to work until he was off
probation, and "then that's when I had decided to
stop reporting." Tr. 34.
The trial court found Appellant had not committed the first
charge of violation of community control, failure to notify
his probation officer of his residence. He found Appellant
had committed the remaining three violations.
Counsel requested a prison sentence based on Appellant's
desire to not be placed on probation. The trial court noted
Appellant's long criminal history, including four assault
and battery convictions, drug abuse, two driving while
intoxicated convictions, carrying a concealed weapon,
receiving stolen property, theft, menacing, resisting arrest,
criminal trespass, dangerous ordnance, obstructing officers,
four disorderly conduct convictions, criminal damaging, two
convictions of domestic violence, telecommunication
harassment, and attempted aggravated assault. He had twice
been sent to prison, in 2000 and again in 2005. The trial
court sentenced Appellant to fifteen months incarceration.
Immediately upon the court's oral pronouncement of
sentence, Appellant stated, "I would like to appeal the
sentence right now." Tr. 42.
It is from the October 3, 2017 judgment finding Appellant in
violation of community control and sentencing him to fifteen
months incarceration Appellant prosecutes this appeal,
assigning as error:
"I. THE TRIAL COURT'S DECISION TO TERMINATE
DEFENDANT/APPELLANT'S COMMUNITY CONTROL WAS NOT BASED ON
"II. THE DEFENDANT WAS DENIED EFFECTIVE ASSISTANCE OF
COUNSEL IN VIOLATION OF THE FIFTH AND SIXTH AMENDMENTS TO THE