State v. Kintz

Citations

• 2026 Ohio 1584

Syllabus

Appellant's 36-month sentence for a third-degree felony upon his admission to violating community control sanctions is not clearly and convincingly contrary to law. The sentence is within the statutory range for a third-degree felony. The trial court advised appellant at his original sentencing hearing that if he violated community control sanctions, it could impose up to a 36-month prison sentence. Prior to imposing appellant's sentence, the trial court stated that it had considered R.C. 2929.11 and 2929.12. Appellant's sentence is also not contrary to law because he was charged with, but not convicted of, new offenses while on community control sanctions. Appellant did not raise this issue with the trial court. Rather he waived the probable cause and evidentiary hearings associated with his revocation proceedings. Nothing established plain error in the trial court's judgment, because appellant admitted to other violations of community control sanctions. Judgment affirmed.