State v. Reeder

Citations

• 2020 Ohio 5107

Syllabus

The trial court erred in concluding that it had the discretion to sentence appellant to prison, pursuant to R.C. 2929.13(B)(1)(b)(iii), for his fourth- and fifth-degree drug offenses. Although the trial told appellant in court that his bond would include an additional condition that he cooperate fully with the probation department during the presentence investigation, the trial court did not file an entry imposing that new condition. In addition, the requirement to cooperate fully with the probation department did not fall within the original bond condition that appellant appear before the trial court for matters set by the court. Accordingly, although appellant failed to appear for his scheduled presentence investigation interviews, that failure did not constitute a violation of his bond. Because appellant has completely served his prison sentences, any error in the trial court's calculation of jail time credit is moot. Judgments modified to vacate appellant's prison sentences and to impose community control sanctions for a period of up to five years. In all other respects, including the orders regarding the forfeiture of currency, judgments affirmed. Appellant's community control is deemed completed and terminated immediately. Post-release control vacated. (Welbaum, J., dissenting)