State v. Wells

Citations

• 158 N.E.3d 205
• 2020 Ohio 4331

Syllabus

The trial court did not err in revoking intervention in lieu of conviction (ILC), finding appellant guilty on four counts of aggravated drug possession, and sentencing her to three years of community control. When the trial court filed an initial show-cause order concerning alleged ILC violations, it still possessed jurisdiction over the criminal case against appellant, which remained pending. Although the two-year ILC term governing appellant's conduct had just expired by the time of the trial court's show-cause order, the conduct at issue had occurred during the two-year ILC term. The trial court was permitted to rely on conduct occurring during the ILC period to make a finding that appellant had violated the terms of her ILC and to enter a finding of guilt on the underlying drug charges. No due process violation occurred because appellant received proper notice and an opportunity to be heard regarding all alleged ILC violations. Finally, the trial court did not violate double-jeopardy principles when it found that appellant had violated the terms of her ILC, entered findings of guilt on her pleas, and sentenced her to community control. \Jeopardy\ did not cease to exist when appellant's two-year term of ILC expired because her indictment remained pending and the trial court had not yet dismissed the felony charges against her or entered a finding of guilt on her pleas. In addition, ILC is not \punishment.\ Therefore, appellant was not twice placed in jeopardy or punished twice. Judgment affirmed.