Should An Offender Be Informed Regarding the Specific Punishment That May Be Imposed In Violation of Community Control Conditions ?
In State v. Durant, Stark App. No. 2005 CA 00314, 2006 Ohio 4067, Mr. Durant pleaded guilty in 1999 to one count each of improperly discharging a firearm at or near a habitation and one count of criminal damaging or endangering.
The trial court imposed a community control sanction. In October of 2002, after stipulating to violations, the trial court revoked the community control sanction and sentenced Mr. Durant to a three-year prison term for the improperly discharging count and a concurrent sixth-month prison term on the criminal damaging or endangering count.
In February of 2004, the trial court granted Mr. Durant judicial release. the trial court imposed another community control sanction. Mr. Durant once again had his community control revoked. the trial court imposed the remainder of the sentence that had been imposed in 2002.
Mr. Durant appealed, arguing that the trial court erred when it sentenced him to a term of imprisonment, for a subsequent violation of his community control sanction, when the trial court previously failed to notify him of the specific prison term that may be imposed as a result of an additional violation of the community control sanction.
In Durrant, the appellant argues that the trial court failed to comply with R.C. 2929.19(B)(5), 2929.15(B) and Ohio Supreme Court case law which generally require a court to notify an offender of the specific prison term that may be imposed upon violation of community control conditions.
In Durant, the Court adopted the reasoning of the Third District Court of Appeals in State v. Mann, Crawford App. No. 3-03-42, 2004 Ohio 4703, appeal not allowed by 105 Ohio St. 3d 1406, 821 N.E.2d 1027, 2005 Ohio 279. the Court stated:
"....we find rules dealing with a violation of an original sentence of community control (R.C. 2929.15) should not be confused with the sections of the Revised Code regarding early judicial release (R.C. 2929.20) even though the language of R.C. 2929.20(I) contains the term "community control" in reference to the status of an offender when granted early judicial release.' Id. at P 6.