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State v. Hiles

Court of Appeals of Ohio, Eleventh District, Trumbull

August 19, 2019

STATE OF OHIO, Plaintiff-Appellee,
v.
DANIEL LEROY HILES, Defendant-Appellant.

          Criminal Appeal from the Trumbull County Court of Common Pleas, Case No. 2018 CR 00489.

         Judgment: Affirmed.

          Dennis Watkins, Trumbull County Prosecutor, and Ashleigh Musick, Assistant Prosecutor, Administration Building, (For Plaintiff-Appellee).

          Michael A. Partlow, (For Defendant-Appellant).

          OPINION

          MATT LYNCH, J.

         {¶1} Defendant-appellant, Daniel L. Hiles, appeals the Amended Journal Entry of the Trumbull County Court of Common Pleas, modifying the terms of his community control sanctions. For the following reasons, the judgment of the lower court is affirmed.

         {¶2} On September 20, 2018, Hiles entered a plea of guilty to Attempted Breaking and Entering, a misdemeanor of the first degree in violation of R.C. 2923.02(A) and (E) and R.C. 2911.13(A) and (C).

         {¶3} On November 8, 2018, Hiles was sentenced to three years of community control sanctions: "The Defendant is hereby sentenced to 180 days in the Trumbull County Jail; all 180 days suspended. $1, 000 fine; all suspended. The defendant is to be on probation for three years, nonreporting, with the sole condition that he cooperate and do everything he's instructed to do by [his] caseworker with MRDD."[1] Hiles advised the court that he has "good people" from MRDD working with him and that this would be the last time he was going to be in the courthouse.

         {¶4} Hiles' sentence was memorialized in a November 14, 2018 Entry on Sentence.

         {¶5} On December 13, 2018, Hiles was in the courthouse on account of "multiple police reports from Girard police stating that Mr. Hiles is locking his doors [to prevent] healthcare coming in" and "he's called the police on them several times" and "when the police show up, he locks the police out of the house."

         {¶6} The trial court admonished Hiles: "If they knock on your door, you open it. You call the cops again, I'm putting you in jail, is that clear? You do everything they tell you to do 24 hours a day, seven days a week. If they show up at midnight, you open the door and let them in. If you don't they're going to come visit you in prison."

         {¶7} In a December 21, 2018 Amended Journal Entry, the trial court "ordered that the defendant's non-reporting sanction be modified to reporting probation."

         {¶8} On January 18, 2019, Hiles filed a Notice of Appeal. On appeal, he raises the following assignment of error: "The trial court committed plain error by imposing overbroad probation conditions and assigning establishment of the precise terms of such to a third party not affiliated with the court."

         {¶9} Hiles challenges the terms of his probation/community control sanctions.[2]Recognizing that "Appellant's trial counsel did not specifically object to the terms of probation now complained of," appellate counsel argues that it was plain error for the trial court to require "Appellant to cooperate and report to his case worker, a third party not affiliated with the court." Appellant's brief at 2-3. Even more detrimental to Hiles' ...


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