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State v. Castner

Court of Appeals of Ohio, Fifth District, Richland

July 22, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DAVID CASTNER, II Defendant-Appellant

          Criminal Appeal from the Court of Common Pleas, Case No. 2018 CR 0056

          For Plaintiff-Appellee GARY BISHOP PROSECUTING ATTORNEY JOSEPH C. SNYDER ASSISTANT PROSECUTOR

          For Defendant-Appellant DARIN AVERY

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

          OPINION

          WISE, JOHN, J.

         {¶1} Appellant David Castner appeals the November 5, 2018, decision of the Richland County Court of Common Pleas terminating his community control and sentencing him to twelve months in prison.

         {¶2} Appellee is State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶3} The relevant facts and procedural history are as follows:

         {¶4} On January 25, 2018, Appellant David Castner was indicted on one count of aggravated possession of drugs, in violation of R.C. §2925.11, a fifth degree felony. Appellant pled guilty to the charges.

         {¶5} On May 8, 2018, Appellant entered a plea of guilty.

         {¶6} On June 18, 2018, the trial court sentenced Appellant to two years of community control. The court ordered the defendant to complete "Re-Entry Court" and "V.O.A." as conditions of his community control.

         {¶7} On July 9, 2018, V.O.A. terminated Appellant from its program due to his mental health problems. As a result of his failure to complete the program, a probation violation was filed.

         {¶8} On August 15, 2018, the trial court held a hearing on the probation violation. At the hearing Appellant admitted to violating his terms of community control by not completing the V.O.A. program. The trial court continued the defendant on community ...


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