State v. Boggs, Unpublished Decision (11-9-2006)
State v. Boggs, Unpublished Decision (11-9-2006)
Opinion of the Court
{¶ 2} About a month later, Boggs violated his community control by testing positive for cocaine. The trial court then reinstated the community-control sanction, extending its duration to September 21, 2010, and provided that if he should again violate the terms of his community control, he would receive 18 months' prison time; and he was also ordered to complete the lock-down River City Drug Treatment Program and associated after-care programs. Boggs has completed the inpatient portion of the treatment program, and on appeal he argues that the trial court abused its discretion by improvidently disregarding mitigating factors in imposing the maximum community-control period and by threatening Boggs with the maximum period of incarceration.
{¶ 3} During the community-control period, Boggs must make restitution, receive alcohol and drug counseling, maintain employment (40 hours per week), and randomly undergo testing for all illicit drugs. The issue is whether the sentence is excessive in light of the sentencing statute. We hold that it is not.
{¶ 5} In this case, the trial court considered the factors in R.C.
{¶ 6} Because Boggs's sentence was within the statutory range, we leave him as we have found him. He is not in jail — but he could have been. We hold that neither the extension of community-control nor the threat of the maximum period of incarceration is excessive. Boggs's assignment of error is meritless, and the trial court's judgment is affirmed.
Judgment affirmed.
Gorman, P.J., and Sundermann, J., concur.
Reference
- Full Case Name
- State of Ohio v. Mathew Boggs
- Cited By
- 2 cases
- Status
- Unpublished