State v. Butts

Citations

• 2022 Ohio 1322

Syllabus

Plain error community-control sanctions violation hearing due process substantial evidence admission to a community-control violation neutral and detached trial court absence of prosecutor at violation hearing the Reagan Tokes Law right to trial by jury separation-of-powers doctrine nunc pro tunc clerical error. The defendant's due process rights were not violated when the trial court acted as a neutral and detached hearing body and the defendant's admission to his community-control sanctions violation negated the need to introduce substantial evidence in support of the violation. The trial court did not err in failing to require a state representative's presence at the violation hearing. The defendant's indefinite sentence imposed under the Reagan Tokes Law did not violate his constitutional rights. Remand was required for the trial court to issue a nunc pro tunc judgment entry to correctly set forth the court's statements made in open court and reflected in the court transcript.