State v. Engle, Unpublished Decision (4-6-2000)
State v. Engle, Unpublished Decision (4-6-2000)
Opinion of the Court
OPINION
Appellant State of Ohio, pursuant to App.R. 5, appeals the decision of the Fairfield County Court of Common Pleas that terminated Appellee Edna Engle's term of probation. Proceedings involving appellee have been extensive, including a conviction for murder and other offenses. The Ohio Supreme Court reversed appellee's murder conviction. Following remand, on October 28, 1996, appellee pled no contest to a reduced charge of involuntary manslaughter and ten other felonies. The trial court conducted a sentencing hearing on December 16 and 17, 1996. Following this hearing, the trial court placed appellee on five years probation or until further notice of the court. The instant appeal emanates from a Motion to Revoke Probation filed April 12, 1999. This motion alleged violations of specific terms of appellee's probation. After delays, including appellee's failure to appear, the trial court heard appellant's motion on July 16, 1999. It is from a judgment entry filed July 26, 1999, terminating probation, that this appeal is perfected by Appellant State of Ohio. Appellant assigns a single error for our consideration:I. THE TRIAL COURT'S DECISION TERMINATING APPELLEE'S PROBATION AFTER FINDING THAT APPELLEE HAD VIOLATED SEVERAL TERMS OF HER PROBATION WAS CONTRARY TO LAW AND AN ABUSE OF DISCRETION.
The trial court found appellee violated three specific terms of her probation. First, appellee changed her address without notifying the trial court. Second, appellee stopped reporting to her probation officer as of December 1998 and her whereabouts were unknown. Third, appellee missed a scheduled court hearing. Judgment Entry, July 26, 1999, at 1. The state cites no authority, and we find none, holding that a violation of a term of probation ipso facto, as a matter of law, prohibits the trial court from exercising discretion. We hold that in the monitoring and control of probation, and its terms, the trial court has broad discretion to weigh the competing interests and rule accordingly. In addressing the question of whether the trial court abused its discretion, the appellate court's standard of review is classic. We are authorized to find an abuse of discretion only where the trial court's decision is unreasonable, arbitrary or unconscionable. Blakemore v. Blakemore (1983),
* * *
After hearing and weighing all the testimony, and giving substantial weight to the testimony of Dr. Haskins, the court announced from the bench that he is terminating defendant's probation.
Defendant is the most brutalized human being I have ever judged. Despite Rodney's and Johnny's horrible actions, she still loves them and does not want them to go to jail. When it comes to her husband and children, Edna is the most brutalized, meek, numb and pathetic human being I have ever met. Judgment Entry, July 26, 1999, at 1-2.
We find, based on the record, the trial court exercised sound discretion in terminating appellee's probation. Appellant's sole assignment of error is overruled.
For the foregoing reasons, the judgment of the Court of Common Pleas, Fairfield County, Ohio, is hereby affirmed.
__________________________________ MILLIGAN, V. J.
GWIN, P.J., and FARMER, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.