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State v. Tackett

Court of Appeals of Ohio, Sixth District, Erie

June 7, 2019

State of Ohio Appellee
v.
Brooke A. Tackett Appellant

          Trial Court No. 2016-CR-116

          Kevin J. Baxter, Erie County Prosecuting Attorney, and Anthony A. Battista III, Assistant Prosecuting Attorney, for appellee.

          Matthew A. Craig, for appellant.

          DECISION AND JUDGMENT

          SINGER, J.

         {¶ 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.

         Background

         {¶ 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 theft.

         {¶ 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 May 2018.

         {¶ 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 ...

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