State v. Alexander, Unpublished Decision (10-12-2007)
State v. Alexander, Unpublished Decision (10-12-2007)
Opinion of the Court
{¶ 3} Under Gagnon, two important stages occur in a typical revocation of probation, or what Ohio now calls community control.4 The first stage, often in the nature of a preliminary hearing, involves an inquiry to determine whether there is probable cause to believe that the defendant has violated the community-control *Page 3 sanction.5 Then, "[t]here must also be an opportunity for a hearing,if it is desired by the [defendant], prior to the final decision on revocation * * *."6 At this stage, one of the requirements of due process is the right to confront and cross-examine adverse witnesses.7 At either stage, if the defendant opts to enter a guilty or a no-contest plea to the community-control violation, the need for an evidentiary hearing is obviated.
{¶ 4} In this case, Alexander argues that the trial court failed to comply with the due-process requirements set forth in Gagnon by failing to hold a preliminary hearing and by not allowing her to confront and cross-examine her probation officer. Both arguments are feckless. By entering a no-contest plea to the community-control violation, Alexander admitted the truth of the facts alleged in the complaint,8 thereby waiving certain due-process rights, including her right to confront her probation officer.9 Moreover, Alexander has not demonstrated, or even alleged, that she suffered any prejudice as a result of the alleged noncompliance. We overrule Alexander's first assignment of error.
{¶ 6} Under Crim.R. 11(C)(2)(c), a trial court must inform the defendant that she is waiving certain constitutional rights before accepting a plea of guilty or no *Page 4 contest to a felony charge. Before accepting the plea, the court "must inform the defendant that he is waiving his privilege against compulsory self-incrimination, his right to jury trial, his right to confront his accusers, and his right of compulsory process of witnesses."10
{¶ 7} But the requirements of Crim.R. 11(C)(2) do not apply to a community-control-violation hearing.11 A defendant faced with revocation of probation or parole is not afforded the full panoply of rights given to a defendant in a criminal prosecution.12 So a revocation hearing is an informal one, "structured to assure that the finding of a * * * violation will be based on verified facts and that the exercise of discretion will be informed by an accurate knowledge of the [defendant's] behavior."13
{¶ 8} Instead, Crim.R. 32.3(A) applies to community-control-revocation hearings. Before a trial court imposes a prison term for a violation of the conditions of a community-control sanction, the court must hold a hearing at which the defendant is present and apprised of the grounds for the violation.14
{¶ 9} In this case, the trial court informed Alexander of the grounds for the alleged violation. Before accepting Alexander's no-contest plea, the court asked her, "Do you understand if you enter a plea of no contest, I take a look at the basis for the violation. If it does constitute a violation of your probation, ma'am, I will find you guilty, and if I do so, I can impose the original sentence that I told you, which would be one year in the Ohio Department of Corrections. Do you understand that?" When *Page 5 Alexander responded, "Yes," the court asked her if she had any questions, and Alexander responded that she did not.
{¶ 10} Alexander did not dispute the grounds for the community-control violation. She apologized for her behavior and indicated, "I want to admit and live up to my mistakes that I have done on this probation thing." Because nothing in the record suggests that Alexander did not understand the consequences of her no-contest plea, we overrule the second assignment of error and affirm the judgment of the trial court.
Judgment affirmed.PAINTER, P.J., and HILDEBRANDT, J., concur.
Reference
- Full Case Name
- State of Ohio v. Deborrah Alexander, [Fn1]
- Cited By
- 10 cases
- Status
- Unpublished