State v. Turner, Unpublished Decision (2-5-2004)
State v. Turner, Unpublished Decision (2-5-2004)
Opinion of the Court
{¶ 2} On September 20, 2002, defendant was indicted pursuant to a six count indictment. Counts One and Two charged him with two counts of tampering with coin machines in violation of R.C.
{¶ 3} The trial court determined that a community control sanction would adequately punish defendant and would protect the public from future crime by the defendant and others without imposing a unnecessary burden on state or local government resources. (Tr. 17). The court imposed the following sentence:
{¶ 4} "In regards to Counts 1, 2, and 3 felony counts: The court finds that a community control sanction will adequately protect the public and will not demean the seriousness of the offense. It is therefore ordered that the defendant is under the supervision of the Adult Probation Department with the following condition (s): Defendant to abide by the rules and regulations of the Probation Department; to be on work release for the first six months then to complete electronic home monitoring for six months after work release is finished. * * *"
{¶ 5} Defendant now appeals and assigns the following error for our review:
{¶ 6} "The trial court erred to the prejudice of defendant-appellant when it sentenced defendant-appellant to a definite sentence of two (2) years of community control sanctions including six (six) months of work release and six (6) months of home detention and failed to review all of the statutory factors announced in R.C.
{¶ 7} Defendant complains that the trial court "failed to properly focus on Mr. Turner's lack of past criminal history in ordering work release and home detention as conditions of community control."
{¶ 8} We review a trial court's imposition of community control for compliance with the statutory sentencing scheme and the imposition of additional conditions pursuant to R.C.
{¶ 9} R.C.
{¶ 10} The trial court has discretion to decide which community control sanctions to select as part of an offender's sentence, and to include the sanctions set forth in R.C.
{¶ 11} R.C.
{¶ 12} "(B) A term of electronically monitored house arrest, a term of electronic monitoring without house arrest, or a term of house arrest without electronic monitoring;
{¶ 13} "(C) A term of community service of up to five hundred hours pursuant to division (F) of section
{¶ 14} Nonetheless, "the authority to impose conditions is still not limitless and those conditions may not be overly broad so as to unnecessarily impinge upon the offender's liberty." State v. Lake,
{¶ 15} As this court observed in State v. Bates (Nov. 2, 2000), Cuyahoga App. No. 77522:
{¶ 16} "While the court has discretion in determining whether additional conditions are appropriate, its discretion is not limitless.Chagrin Falls v. Wallace (Mar. 2, 2000), Cuyahoga App. No. 75640, unreported. A trial court needs to consider whether the condition (1) is reasonably related to rehabilitating the offender; (2) has some relationship to the crime of which the offender was convicted; and (3) relates to conduct that is criminal or reasonably related to future criminality. See State v. Jones (1990),
{¶ 17} In Bates, the facts supporting the defendant's conviction arose from his work in the junking business. Accordingly, this court determined that prohibiting appellant from continuing in this business as a condition of his community control sanction was reasonably related not only to his rehabilitation but was also related to the crime for which he was convicted.
{¶ 18} Applying all of the foregoing to this matter, we note, as an initial matter, that the trial court's imposition of a community control sanction justified on this record by the trial court's determination that a community control sanction would adequately punish defendant and protect the public from future crime by the defendant and others without imposing a unnecessary burden on state or local government resources. (Tr. 17). Since prison was not imposed, the trial court was not required to "impose the shortest prison term authorized for the offense" as mandated under R.C.
{¶ 19} The judgment is affirmed.
Judgment affirmed.
James J. Sweeney and Sean C. Gallagher, JJ., concur.
Reference
- Full Case Name
- State of Ohio v. Robert B. Turner
- Cited By
- 1 case
- Status
- Unpublished