Court of Appeals of Ohio, Fifth District, Licking
from the Licking County Court of Common Pleas, Case No.
WILLIAM C. HAYES LICKING COUNTY PROSECUTOR DARREN M. BURGESS
Defendant-Appellant: NICHOLAS FAGNANO
JUDGES: Hon. John W. Wise, P.J. Hon. Patricia A. Delaney, J.
Hon. Craig R. Baldwin, J.
Defendant-Appellant Lisa Swetnam appeals the January 3, 2019
judgment entry of the Licking County Court of Common Pleas.
AND PROCEDURAL HISTORY
The underlying facts are not necessary for the disposition of
this appeal. On April 20, 2017, Defendant-Appellant Lisa
Swetnam was indicted by the Licking County Grand Jury on four
counts: (1) Possession of Cocaine, a fifth-degree felony in
violation of R.C. 2925.11(A)(C)(4)(a); (2) Aggravated
Possession of Drugs (Fentanyl), a fifth-degree felony in
violation of 2925.11(A)(C)(1)(a); (3) Aggravated Possession
of Drugs (Carfentanyl), a fifth-degree felony in violation of
2925.11(A)(C)(1)(a); and (4) Aggravated Possession of Drugs
(Methamphetamine), a fifth-degree felony in violation of
2925.11(A)(C)(1)(a). The indictment also contained a
forfeiture specification (U.S. Currency) pursuant to R.C.
2941.1417(A) and 2981.02(A)(2).
Swetnam entered a plea of not guilty to all charges and the
matter was set for trial.
On August 24, 2017, Swetnam appeared before the trial court
and withdrew her plea of not guilty to the charges. The trial
court accepted Swetnam's plea, found her guilty on all
counts, and proceeded to sentencing. The parties jointly
recommended an agreed sentence of community control
sanctions. The trial court considered the record, statements
of the parties, and the pre-sentence investigation report in
conjunction with the purposes and principles of sentencing
set for in R.C. 2929.11, balanced by the seriousness and
recidivism factors set forth in R.C. 2929.12. The trial court
found a prison sentence was not mandatory and not consistent
with the purposes and principles of sentencing. The trial
court placed Swetnam on community control for a period of two
years with the following sanctions:
The Defendant is placed on the following community control
sanctions for a period of two (2) years. If the Defendant
violates any of the conditions of community control
sanctions, the Court may do any of the following: (1) impose
a longer term under community control sanctions; (2) impose
more restrictive community control sanctions; or (3) impose
the reserved prison term for the offense for which the
Defendant was convicted. * * *
B. Nonresidential Sanctions (R.C. 2929.17)
The Defendant shall be placed under the supervision of the
Licking County Adult Court Services Department and shall
comply with all general and specific conditions of
supervision as set forth below. ...