Court of Appeals of Ohio, Eleventh District, Trumbull
Criminal Appeal from the Trumbull County Court of Common
Pleas, Case No. 2018 CR 00489.
Watkins, Trumbull County Prosecutor, and Ashleigh Musick,
Assistant Prosecutor, Administration Building, (For
Michael A. Partlow, (For Defendant-Appellant).
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
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).
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." 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
Hiles' sentence was memorialized in a November 14, 2018
Entry on Sentence.
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."
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."
In a December 21, 2018 Amended Journal Entry, the trial court
"ordered that the defendant's non-reporting sanction
be modified to reporting probation."
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."
Hiles challenges the terms of his probation/community control
sanctions.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