State v. Monroe

Citations

• 2020 Ohio 597

Syllabus

The trial court revoked appellant's community control for having weapons while under disability (a third-degree felony) and for carrying a concealed weapon and improper handling of firearms in a motor vehicle (both fourth-degree felonies). The trial court abused its discretion in concluding that appellant violated the term of community control requiring him to complete 120 hours of community service when the program director testified and provided certificates showing that appellant had complete the community service requirement to the director's satisfaction, even though the program apparently allowed appellant to satisfy the requirement with less than 120 hours on-site. The trial court did not abuse its discretion in determining that appellant failed to meet with his probation officer as directed and did not comply with his electronic monitoring schedule. The trial court did not abuse its discretion in revoking appellant's community control and imposing the previously-stated 24-month sentence for having weapons while under disability. R.C. 2929.15(B)(1)(c)(ii) applied to the revocation of appellant's community control for his fourth-degree felonies and limited the prison term to 180 days. Accordingly, the trial court erred in imposing 18-month prison sentences for those offenses. The trial court's judgment with respect to appellant's conviction for having weapons while under disability is affirmed. The portion of the trial court's judgment imposing 18-month sentences for carrying a concealed weapon and improper handling of firearms in a motor vehicle is reversed the sentences for those offenses will be modified to 180 days in prison, and the matter is remanded for the limited purposes of issuing a revised judgment entry consistent with our judgment herein and of notifying the appropriate prison officials of that revised judgment entry.