Court No. 2016-CR-116
J. Baxter, Erie County Prosecuting Attorney, and Anthony A.
Battista III, Assistant Prosecuting Attorney, for appellee.
Matthew A. Craig, for appellant.
DECISION AND JUDGMENT
1} Appellant, Brooke A. Tackett, appeals from the
July 2, 2018 judgment of the Erie County Court of Common
Pleas, where the court revoked her community control sanction
and sentenced her to a total prison term of 22 months.
Finding no error, we affirm.
2} On March 30, 2017, the trial court sentenced
appellant to 4 years of community control and to a 22-month
suspended prison term for possession of heroin, receiving
stolen property, theft, forgery, and complicity to commit
3} As conditions for her community control, she was
to report to her probation officer, obey all laws and
ordinances, follow orders of the court and any assigned
probation officers, not use drugs, submit to drug/alcohol
tests, and obtain and maintain employment.
4} On May 30, 2018, appellant's probation
officer filed with the trial court a probable cause letter,
alleging appellant violated her conditions and asserting that
her community control sanction should be revoked.
5} The letter specifically alleged appellant
committed seven violations. First, she failed to check in
biweekly as directed by her probation officer, and she missed
two visits in May 2018. Second, she was charged with identity
theft and forgery, although these charges were dismissed in
the municipal court to be brought before a grand jury. Third,
she was "non-compliant" about drug testing and
missed 24 calls and 6 tests. Fourth, she twice tested
positive for cocaine and opiates in April and May 2018.
Fifth, she failed to comply with a drug testing program.
Sixth, she failed to obtain and maintain employment. Seventh,
she failed to show proof she searched for employment during
6} A hearing on the letter was held June 25, 2018.
Appellant admitted in open court she violated her community
control as alleged. The following exchanges occurred after
the hearing began:
COURT: Counsel, how do you want to proceed?
[COUNSEL]: At this time, Your Honor, my client is going to
admit to the offenses and proceed to sentencing.
COURT: Okay. Thank you. Ms. Tackett, you understand you have
a right to a hearing ...