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State v. Patton

Court of Appeals of Ohio, Fifth District, Richland

July 15, 2019

STATE OF OHIO Plaintiff-Appellee
v.
KEVIN PATTON Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 2018-CR-0070

          For Plaintiff-Appellee JOSEPH C. SNYDER

          For Defendant-Appellant JOHN C. O'DONNELL, III

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, J.

         {¶ 1} Defendant-appellant Kevin Patton appeals the August 23, 2018 judgment of the Richland County Court of Common Pleas which revoked his community control. Plaintiff-appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On February 23, 2017, Patton was placed on post-release control under the supervision of parole officer Nathan Hall. After absconding from supervision he was charged with escape. Patton pled guilty to the charge and was placed on two years community control, also with Hall, on May 8, 2018.

         {¶ 3} On July 18, 2018, Hall was made aware of a police report involving an assault, and naming the victim as R.C. The report did not mention the suspects by name, but a witness to the incident described them as four black men who had fled the scene in two vehicles - a red Jeep Cherokee and a green Ford Mustang. Hall recognized the vehicle descriptions as matching vehicles he had seen at Patton's residence on numerous occasions. Hall was aware that Patton's girlfriend drove the Ford Mustang and his sister drove the Jeep Cherokee.

         {¶ 4} Based on that knowledge, Hall went to R.C's home and presented R.C with a photograph of Patton. R.C stated Patton was one of the four men who assaulted him. He explained that one of the men had first engaged him in a verbal altercation and then punched him in the face causing him to fall to the ground. The other three men then joined the first in kicking and stomping R.C as he lay on the ground. Castle sustained injuries to his legs, shoulder, and face.

         {¶ 5} Patton's behavior violated rule one of his rules of community control, which required Patton to obey all laws, federal, state and local. Additionally, he was not to associate with known felons. Hall discovered that one of the other men involved has a felony record. Hall filed a probation violation with the trial court and a hearing was held on the matter on August 22, 2018.

         {¶ 6} At the hearing, Hall testified and to the above outlined facts. Patton presented testimony from his girlfriend and his sister, and testified on his own behalf. All three admitted they were at the scene, but denied Patton's participation in the assault. Rather, they alleged three persons known to them assaulted Castle, and they fled the scene because Patton was on community control and post-release control and could not be involved in the altercation per the rules of his release.

         {¶ 7} After hearing the evidence, the trial court found Patton guilty of violating his community control by committing an assault, but not guilty of associating with a felon. The trial court revoked Patton's community control and sentenced him to six months for escape and imposed his remaining 18 months post release control time for an aggregate total of two years.

         {¶ 8} Patton filed an appeal and the matter is now before this court for ...


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