Cleveland v. Serrano

Citations

• 172 N.E.3d 1112
• 2021 Ohio 1586

Syllabus

Criminal contempt R.C. 2929.25 direct and indirect contempt due process notice proof of guilt aggravated menacing jail credit personal bond. The trial court erred when it charged the defendant with criminal contempt for violating the terms of his community control sanctions because R.C. 2929.25 does not permit a trial court to do so. The trial court also erred when it found the defendant guilty of criminal contempt when it failed to give him adequate notice in one contempt case and lacked sufficient evidence of guilt beyond a reasonable doubt in the other contempt case. Further, the trial court erred when it increased the defendant's sentence and added a community control sanction in his aggravated menacing case when he did not commit a new violation of his criminal control sanctions. Finally, the trial court erred when it miscalculated the defendant's jail credit because it failed to count the days that he remained in jail because he did not post a personal bond.