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State v. Baker

Court of Appeals of Ohio, Twelfth District, Clermont

June 10, 2019

STATE OF OHIO, Appellee,
v.
CHEYANNE A. BAKER, Appellant.

          CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS Case No. 2012 CR 00111

          D. Vincent Faris, Clermont County Prosecuting Attorney, Nicholas A. Horton, for appellee

          W. Stephen Haynes, Clermont County Public Defender, Robert F. Benintendi, for appellant

          OPINION

          S. POWELL, J.

         {¶1} Appellant, Cheyanne A. Baker, appeals the decision of the Clermont County Court of Common Pleas revoking her community control and sentencing her to 12 months in prison. For the reasons outlined below, we affirm.

         Facts and Procedural History

         {¶2} On July 26, 2013, Baker pled guilty to possession of heroin in violation of R.C. 2929.11(A). The offense was charged as a fifth-degree felony in accordance with R.C. 2929.11(C)(6)(a). The charge arose after Baker overdosed on heroin and nearly died. Baker, however, was revived after paramedics administered Narcan. After regaining consciousness, Baker admitted to paramedics that she was a heroin addict.

         {¶3} On September 9, 2013, the trial court sentenced Baker to three years of community control. The conditions of her community control required Baker to adhere to the general rules and conditions of community control. This included a requirement that Baker abide by all federal, state, and local laws. Baker was also required to refrain from consuming or possessing any alcoholic beverages or illegal drugs.

         {¶4} On May 24, 2016, a violation of community control affidavit was filed with the trial court. This affidavit alleged Baker violated the conditions of her community control by (1) failing to follow her probation officer's instructions; (2) failing to pay her monthly supervision fee; and by (3) failing to refrain from using illegal drugs upon admitting to using heroin earlier that month. The trial court held a hearing on Baker's community control violations on June 14, 2016. Baker admitted to all three violations. But, finding Baker still amenable to community control, the trial court continued Baker on community control "extended from three years to five years."

         {¶5} On July 21, 2017, a second violation of community control affidavit was filed with the trial court. This affidavit alleged Baker violated the conditions of her community control by (1) committing a fourth-degree misdemeanor offense and thereafter failing to notify her probation officer of the same; (2) failing to report to the probation department as directed; (3) failing to follow her probation officer's instructions; (4) failing to participate in treatment and counseling as recommended upon obtaining an updated substance abuse assessment; and by (5) failing to refrain from using illegal drugs. It was determined that Baker had used illegal drugs after she tested positive for methamphetamine and fentanyl. Baker also admitted to again using heroin.

         {¶6} On July 31, 2017, the trial court held a hearing on Baker's second community control violations. Baker admitted to all five violations. The trial court then scheduled the matter for sentencing. Four days later, on August 3, 2017, a supplemental violation of community control affidavit was filed with the trial court. This supplemental affidavit alleged Baker had violated the conditions of her community control by admitting to once again using heroin. Appearing before the trial court the following day, August 4, 2017, Baker also admitted to the supplemental violation.

         {¶7} On August 29, 2017, the trial court held a sentencing hearing on Baker's second community control violations. Still finding Baker amenable to community control, the trial court continued Baker on community control for an additional five years. The trial court also imposed a further sanction that required Baker to receive medicated assisted drug treatment. Baker was also required to participate and successfully complete a drug treatment program at a specified drug treatment intervention center.

         {¶8} On October 12, 2017, a third violation of community control affidavit was filed with the trial court. This affidavit alleged Baker violated the conditions of her community control by (1) failing to report to the probation department as directed; (2) failing to follow her probation officer's instructions; (3) failing to refrain from using illegal drugs upon testing positive for methamphetamine and admitting to using heroin; and by (4) failing to participate and successfully complete the required medicated assisted drug treatment.

         {¶9} On January 22, 2018, the trial court held a hearing on Baker's third community control violations. Baker admitted to all four violations. At a subsequent sentencing hearing held on February 5, 2018, the trial court once again found Baker was amenable to community control and continued Baker on community control for another five years. The trial court also imposed an additional condition that required Baker to participate and successfully complete a drug treatment program from a specified drug treatment facility. This included a requirement ...


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