State v. Eastman

Citations

• 2021 Ohio 392

Syllabus

Res judicata bars appellant from raising an issue on appeal from the revocation of his community control sanctions that could have and should have been raised on direct appeal from the judgment of conviction in which community control was first imposed. Therefore, we need not address appellant's arguments regarding his failure to appear and the trial court's failure to obtain a \waiver of presence\ from him before holding a pretrial hearing prior to conviction. Appellant's failure to report to the probation department and failure to complete his drug and alcohol assessment were nontechnical violations of his community control, because the conditions were specifically tailored to address matters related to his misconduct. Accordingly, the 90-day prison maximum established in R.C. 2929.15(B)(1)(c)(i) for prison terms resulting from technical community control violations did not apply to appellant's sentence, and the trial court did not err when it sentenced him to 12 months in prison. Judgment affirmed.