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State v. McDaniel

Court of Appeals of Ohio, Tenth District

December 5, 2019

State of Ohio, Plaintiff-Appellee,
v.
Cynthia McDaniel, Defendant-Appellant.

          APPEAL from the Franklin County Court of Common Pleas (C.P.C. No. 15CR-2928)

         On brief:

          Dave Yost, Attorney General, Anna L. Haffner, and Glenn P. Willer, for appellee.

          Yeura Venters, Public Defender, George M. Schumann, and Ian J Jones, for appellant.

         Argued:

          Anna L. Haffner.

          Ian J. Jones.

          DECISION

          BROWN, J.

         {¶ 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 ...

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