State v. Brice

Citations

• 2017 Ohio 974

Syllabus

NONSUPPORT OF DEPENDENTS - COUNSEL - PROCEDURE/RULES - CONTINUANCE - COMMUNITY CONTROL: The trial court did not abuse its discretion in denying defendant's request for a continuance where defendant had already been granted four continuances, the state had had its witnesses present at the previous trial setting, the trial court had informed defendant that if defendant did not retain private counsel as he claimed trial would proceed at the next setting with appointed counsel, and defendant's claims of hiring a private attorney appeared to be false. Trial counsel was not ineffective where there was no indication in the record that counsel failed to produce key evidence at trial, counsel's decision not to cross-examine a hostile witness could be fairly characterized as trial strategy, and there was no reasonable probability that counsel's failure to object to certain testimony affected the outcome of the trial. The trial court did not abuse its discretion in ordering defendant to pay his accumulated child-support arrearage as a condition of community control, because the condition was reasonably related to defendant's rehabilitation as it required him to support his daughter, was related to the crime of nonsupport, and ensured the good behavior of supporting his child.