Cleveland v. Harvey

Citations

• 2025 Ohio 2005

Syllabus

Community-control sanctions; failure to comply; housing court; community-control-sanctions-violation hearing; community-control-sanctions-status hearing; R.C. 2929.25; due process. The municipal housing court's jurisdiction to modify the terms of community-control sanctions is limited by R.C. 2929.25(D)(2), which requires a finding that the offender violated the terms of community-control sanctions before extending the length of the sanctions, imposing a more restrictive term, or imposing a jail term. The court in this case modified the defendant's community-control sanctions by extending the sanctions for one year and three days and by imposing five days in jail. However, the court failed to first find that the defendant violated the terms of his sanctions. Furthermore, the court did not comply with the defendant's due-process rights when it spontaneously attempted to \convert\ a status hearing into a violation hearing. The court's judgment is reversed and vacated.