State v. Tate

Citations

• 2022 Ohio 4745

Syllabus

Right to appeal sentence R.C. 2953.08 notice of hearing abuse of discretion Crim.R. 52(B) notice of plain error. The trial court terminated an offender's term of community-control sanctions early after it found the offender violated those community-control sanctions. The state filed an appeal of right under R.C. 2953.08, arguing that the trial court's early termination was a sentence contrary to law and also sought, and was granted, leave to appeal the trial court's decision. The trial court did not abuse its discretion by providing the state with two days' notice of the community-control-sanction violation hearing. The state received the notice of the hearing and did not seek a continuance or appear at the hearing. On appeal, the state failed to argue plain error occurred. Further, the trial court's early termination of the term of the community-control sanctions in this case would not amount to plain error where it is apparent a miscarriage of justice occurred or the error affects the fairness or integrity of judicial proceedings.