from the Franklin County Court of Common Pleas (C.P.C. No.
Yost, Attorney General, Anna L. Haffner, and Glenn P. Willer,
Venters, Public Defender, George M. Schumann, and Ian J
Jones, for appellant.
1} This is an appeal by defendant-appellant, Cynthia
McDaniel, from a judgment of the Franklin County Court of
Common Pleas revoking appellant's community control and
sentencing her to a 90-day prison term.
2} On June 16, 2015, appellant was indicted on one
count of grand theft, in violation of R.C. 2913.02(A)(3), and
one count of Medicaid fraud, in violation of R.C. 2913.40(B),
both felonies of the fourth degree. On July 11, 2017,
appellant entered a guilty plea to the lesser-included
offense of count two, Medicaid fraud, in violation of R.C.
2913.40, a felony of the fifth degree.
3} By judgment entry filed July 13, 2017, the trial
court imposed a sentence of five years community control. The
court also ordered appellant to pay restitution in the amount
of $53, 886.19, including a minimum payment of $50 per month
for the first year of community control, and a payment of $75
per month for the remaining four years.
4} On August 1, 2018, a probation officer filed a
request for revocation of community control, alleging
violations by appellant for failure to obtain employment and
failure to make restitution payments. The trial court
scheduled a revocation hearing for September 20, 2018, but
counsel for appellant indicated appellant was unable to
obtain transportation from Cleveland to attend the hearing.
Counsel for appellant requested a continuance, representing
that appellant "said she could save up enough money to
come down here by * * * October." (Continuance Hearing
at 2.) The trial court granted the request for a continuance.
5} On October 18, 2018, the trial court conducted a
hearing in which appellant stipulated to the violations.
During that hearing, counsel for appellant argued the
following with respect to mitigation:
Judge, Ms. McDaniel, to be perfectly honest, she's really
struggling. She was unable to make the last court date
because she was coming down from Cleveland and did not have
transportation. She called me last night late evening and
again this morning at 7:30 to let me know again she was
having trouble with transportation but would do her best to
make it down here. She finally did make it down here,
fortunately. I think that's indicative of her financial
struggles. * * * I mean, these are situations where the
defendant is struggling to get by, tries to get by a little
easier, and makes incredibly bad ...