Court of Appeals of Ohio, First District, Hamilton
Criminal Appeal From: Hamilton County Court of Common Pleas
TRIAL NO. B-1802104
T. Deters, Hamilton County Prosecuting Attorney, and Scott M.
Heenan, Assistant Prosecuting Attorney, for
Arenstein & Gallagher, William Gallagher and Elizabeth
Conkin, for Defendant-Appellant.
Defendant-appellant Keontae Kernall appeals from the trial
court's October 16, 2018 judgment entry finding that
Kernall violated his community-control sanctions and imposing
a sentence of 12 months' imprisonment. For the reasons
set forth below, we affirm the trial court's judgment.
Facts and Procedure
On June 13, 2018, Kernall pled guilty to one count of
trafficking in cocaine, a felony of the fifth degree. On June
20, 2018, the trial court sentenced Kernall to three years of
community control. During the sentencing hearing, the court
advised Kernall that it would impose a 12-month prison term
for a violation of community control.
On September 27, 2018, the Hamilton County Adult Probation
Department filed a complaint against Kernall, alleging that
Kernall had violated the conditions of his community control
by (1) failing to conduct himself properly by obtaining five
new misdemeanor capiases, (2) failing to report to the
probation department on two separate occasions, (3) failing
to show proof of employment verification, and (4) failing to
report to the Court Clinic for a substance-abuse assessment.
Kernall pled no contest to the violations. Finding that the
culmination of violations constituted a nontechnical
violation of Kernall's community control, the trial court
entered a "Judgment Entry Revoking Community
Control" and imposed a sentence of 12 months in prison.
Kernall assigns the following errors for our review:
1. The Twelve-Month Sentence of Imprisonment is Contrary to
Law Because the Trial Court Re-Imposed the Original Sentence
for the Underlying Offense Prosecuted in Case No. B-1802104.
2. The Twelve-Month Sentence of Imprisonment is Contrary to
Law Because the Trial Court Considered Conduct Not Included
in the Complaint for Failure to Comply with the Terms of his
Community Control in Sentencing Kernall.
3. The Twelve-Month Sentence of Imprisonment is Contrary to
Law Because the Trial Court Abused its Discretion in Finding
Kernall's Violations of Community Control were
sake of clarity, we elect to address assignments of error two
and three out of order.