Court of Appeals of Ohio, Fourth District, Athens
Timothy Young, Ohio State Public Defender, and Craig M.
Jaquith, Assistant Ohio State Public Defender, Columbus,
Ohio, for Appellant.
Blackburn, Athens County Prosecuting Attorney, and Robert P.
Driscoll, Assistant Athens County Prosecuting Attorney,
Athens, Ohio, for Appellee.
DECISION AND JUDGMENT ENTRY
Matthew W. McFarland, Judge
This is an appeal from an Athens County Court of Common Pleas
judgment entry terminating Appellant's community control
sanctions and imposing a prison term.
On November 7, 2018, Appellant pleaded guilty to aggravated
possession of drugs and possession of drugs, both fifth
degree felonies. The trial court imposed five years of
community control sanctions with special conditions that he
enter and complete SEPTA, a community based correctional
facility, and The Landing at Cedar Ridge (The
Landing), a residential treatment program Appellant
failed to complete both, and the trial court revoked his
community control sanctions and imposed a twenty-four month
sentence for the underlying drug offenses.
On appeal, Appellant asserts that the trial court erred
because his sentence is contrary to R.C. 2929.
15(B)(1)(c)(i). Finding that the sentence cap in this
provision does not apply because Appellant's violation of
his community control sanctions was more than a technical
violation, we affirm the trial court's judgment.
The State charged Appellant with two fifth degree felonies:
aggravated possession of drugs and possession of drugs, both
in violation of R.C. 2925.11(A). Appellant pleaded guilty to
On December 12, 2017, the trial court sentenced Appellant to
five years of community control sanctions, as well as the
following conditions including, among others: (1) enter and
successfully complete SEPTA, (2) submit to drug and alcohol
assessments, (3) not possess or consume alcohol, and (4) not
take or possess drugs, except for as ordered by his
On February 8, 2018, the State filed a notice of violation of
community control sanctions alleging that Appellant committed
four violations, including a positive drug test and that he
had been terminated from SEPTA. The State moved the trial
court to impose the underlying term of incarceration.
On March 12, 2018, Appellant filed a Motion for Furlough
asking the court to allow him to be examined by a medical
professional because of a leg problem.
At a March 13, 2018 hearing, Appellant stipulated to
violating the terms and conditions of his community control
On April 13, 2018, the trial court issued a judgment entry
continuing Appellant's five-year community control
sanctions, but added additional conditions, including that:
"[Defendant is ordered to enter and successfully
complete The Landing FORTHWITH, and shall sign all requested
releases and follow any aftercare recommendations. If the
defendant leaves or is terminated from the Landing, he shall
be transported to the Southeastern Ohio Regional Jail by the
Athens County Sheriffs Office."
On May 31, 2018, the State filed a notice of violation of
community control sanctions and notice of hearing alleging
that "[Appellant] was terminated unsuccessfully from The
Then, on June 5, 2018, the trial court issued an entry
granting Appellant a medical furlough to receive medical
treatment at Riverside Methodist Hospital. The entry provided
that he would only be released from Riverside directly into
the custody of the Athens County Sheriffs office and be
returned to the Southeastern Ohio Regional Jail immediately.
The State filed a supplemental notice of violation of
community control sanctions and notice of hearing on July 7,
2018, alleging that, in addition to Appellant's failure
to complete The Landing, he was discharged from treatment
from Riverside Methodist Hospital to a family member, as
opposed to being ...