State v. Dorsey, Unpublished Decision (8-4-2006)
State v. Dorsey, Unpublished Decision (8-4-2006)
Opinion of the Court
{¶ 2} In 2005, Dorsey was charged with violation of the above terms of her probation. She appeared before the court and admitted the violations. Thereafter, the trial court ended Dorsey's community control sanctions and sentenced her to prison for a term of twelve months on each count. The trial court required that certain of the counts be served consecutively for a total term of imprisonment of twenty-four months.
{¶ 3} From this sentence, Dorsey now appeals.
{¶ 5} Dorsey contends that, at the 2003 sentencing hearing, the trial court failed to state with sufficient specificity the prison term that would be imposed should she violate the terms of her community control. In support, she refers to State v.Brooks,
{¶ 6} In Brooks, the Ohio Supreme Court held that a trial court is "required to notify the offender of the `specific' term the offender faces for violating community control." Id. at ¶ 19. "To comply with the literal terms of the statute, the judge should not simply notify the offender that if the community control conditions are violated, he or she will receive `the maximum,' or a range, such as `six to twelve months,' or some other indefinite term, such as `up to 12 months'." Id.
{¶ 7} We have reviewed the transcript of the sentencing hearing during which the trial court stated:
{¶ 8} "You will be on no breaks probation, which means that if you violate the terms and conditions of this probation * * * then I can make the sanctions more restrictive, make it last longer, but there's a good chance you could be at — you will be looking at 48 months in prison."
{¶ 9} We conclude that the trial court complied with the requirement set forth in Brooks. The trial court clearly stated that a violation would result in a prison term of forty-eight months.
{¶ 10} Therefore, the first Assignment of Error is overruled.
{¶ 12} Dorsey contends that the trial court erred with regard to the imposition of consecutive sentences.
{¶ 13} The Supreme Court of Ohio recently held that parts of Ohio's felony sentencing scheme are unconstitutional, including R.C.
{¶ 14} The second Assignment of Error is Sustained.
{¶ 15} The judgment of the trial court is affirmed in part, reversed in part, and remanded for resentencing in accordance with Foster.
Grady, P.J., and Donovan, J. concur.
(Hon. Anthony Valen, retired from the Twelfth Appellate District, sitting by assignment of the Chief Justice of the Supreme Court of Ohio).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.