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State v. Kernall

Court of Appeals of Ohio, First District, Hamilton

July 31, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
KEONTAE KERNALL, Defendant-Appellant.

          Criminal Appeal From: Hamilton County Court of Common Pleas TRIAL NO. B-1802104

          Joseph T. Deters, Hamilton County Prosecuting Attorney, and Scott M. Heenan, Assistant Prosecuting Attorney, for Plaintiff-Appellee,

          Arenstein & Gallagher, William Gallagher and Elizabeth Conkin, for Defendant-Appellant.

          OPINION

          CROUSE, JUDGE.

         {¶1} 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.

         I. Facts and Procedure

         {¶2} 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.

         {¶3} 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.

         {¶4} 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 "Non-Technical."

         For the sake of clarity, we elect to address assignments of error two and three out of order.

         III. ...


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