State v. Osco

2025 Ohio 4532

• Court: Ohio Court of Appeals
• Decided: September 29, 2025
• Docket: 2025-P-0015
• Status: Published

Opinion

[Cite as State v. Osco, 2025-Ohio-4532.]

IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT PORTAGE COUNTY

STATE OF OHIO, CASE NO. 2025-P-0015

Plaintiff-Appellee, Criminal Appeal from the - vs - Court of Common Pleas

CATHERINE M. OSCO, Trial Court No. 2023 CR 00575 Defendant-Appellant.

OPINION AND JUDGMENT ENTRY

Decided: September 29, 2025 Judgment: Affirmed

Connie J. Lewandowski, Portage County Prosecutor, 241 South Chestnut Street, Ravenna, OH 44266 (For Plaintiff-Appellee).

Adam M. VanHo, 37 South Main Street, Suite 3, P.O. Box 157, Munroe Falls, OH 44262 (For Defendant-Appellant).

JOHN J. EKLUND, J.

{¶1} Appellant, Catherine M. Osco, appeals the judgment of the Portage County

Court of Common Pleas revoking her community control and sentencing her to 36 months

in prison. Appellate counsel has filed a brief pursuant to Anders v. California, 386 U.S.

738 (1967), and a motion to withdraw. In the brief, counsel asserts there are no

meritorious issues for appeal and that the matter is wholly frivolous. After considering the

record, pursuant to Anders, we agree with counsel, affirm the judgment of the trial court,

and grant counsel's motion to withdraw. Substantive and Procedural History

{¶2} In May and June 2023, Appellant was indicted in the Portage County Court

of Common Pleas on one count of Harassment with Bodily Substances, a third-degree

felony in violation of R.C. 2921.38; three counts of Assault on a Peace Officer, fourth-

degree felonies in violation of R.C. 2903.13; and one count of Resisting Arrest, a second-

degree misdemeanor in violation of R.C. 2921.33. On June 5, 2023, Appellant entered a

plea of not guilty.

{¶3} On July 12, 2023, Appellant entered guilty pleas to one count of Harassment

with Bodily Substances, a third-degree felony, and two counts of Assault on a Peace

Officer, fourth-degree felonies. The remaining counts were dismissed. The trial court

ordered a presentence investigation (PSI) and set the matter for sentencing.

{¶4} On August 15, 2023, the trial court sentenced Appellant to a term of 36

months of community control. The first 12 months were to be served in the Intensive

Supervision Program, and 24 months were to be served under the General Division of

Adult Probation. The judgment entry of sentence provided that violations of community

control sanctions may result in more restrictive sanctions or the imposition of up to 36

months in prison on the felony three and up to 18 months in prison of each of the felony-

four counts. The court set the matter for a status hearing 30 days after sentencing.

{¶5} On September 11, 2023, the Adult Probation Department filed a Motion to

Modify/Revoke Appellant’s community control. The Motion alleged that Appellant had

been charged with Domestic Violence on August 18, 2023, and charged with Resisting

Arrest, Public Indecency, Disorderly Conduct, and Criminal Trespass on September 5,

2023.

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Case No. 2025-P-0015 {¶6} A revocation hearing was held on September 28, 2023. On October 2, 2023,

the trial court issued a judgment entry finding that Appellant admitted to the alleged

violation. The trial court set the matter for a Disposition Hearing to modify the community

control sanctions. On October 24, 2025, the trial court found that Appellant had violated

her community control and imposed more restrictive community control sanctions.

{¶7} The trial court held status hearings in December 2023 and in January and

February 2024.

{¶8} After a March 4, 2024 status hearing, the trial court found Appellant was

eligible for placement at Horizon House. Appellant was ordered to remain in Horizon

House until she successfully completed the program.

{¶9} On March 11, 2024, the Adult Probation Department filed a Motion to

Revoke & Capias Request. The Motion stated that Appellant had failed to successfully

complete the program at Horizon House because she tested positive for

methamphetamine and amphetamine at the Horizon House on March 7, 2024, and that

she tested positive for methamphetamine on February 29, 2024, at the Adult Probation

Department.

{¶10} On April 10, 2024, the trial court found that Appellant had admitted to the

alleged violation and ordered Appellant to continue community control. The trial court held

status hearings in May, June, and July of 2024.

{¶11} On August 15, 2024, the Adult Probation Department Filed a Motion to

Revoke & Capias Request alleging that Appellant had failed to report for a scheduled

appointment, failed to report for a random drug screen, and failed to respond to mail

contact.

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Case No. 2025-P-0015 {¶12} On August 19, 2024, Appellant failed to appear for a status hearing. The

trial court issued a warrant for her arrest.

{¶13} Appellant was arrested, and on August 28, 2024, the trial court ordered a

review of Appellant’s medication and for future status hearings to be held.

{¶14} On September 9, 2024, the trial court issued a judgment entry finding that

Appellant had admitted to the alleged August 15 violation.

{¶15} On September 13, 2024, the trial court held a Disposition Hearing and

continued Appellant’s community control. The trial court ordered Appellant to enter

Midwest Center and remain there until successful completion of the program.

{¶16} On February 5, 2025, the Adult Probation Department filed a Motion to

Modify/Revoke alleging that Appellant tested positive for methamphetamine and

amphetamine on January 28, 2025.

{¶17} On February 10, 2025, the trial court found that Appellant admitted to the

violation.

{¶18} On February 11, 2025, the trial court held a hearing on the Motion to

Modify/Revoke. The trial court opened the hearing by stating that its intention was to “look

at [Appellant’s] jail time credit as well as all of the places that we have previously sent her

for treatment, for assistance, for anything that we could do in order to help her stabilize.”

{¶19} Appellant’s trial counsel said that Appellant had been living out of her car

for a few months.

{¶20} The trial court addressed Appellant and said

Unfortunately . . . there is no time during the last couple years that you have sustained stability and sobriety. And I mean, now it’s to the point where you’re threatening self harm, you’re -- I mean, probation is worried about you every day and day to day. And when you were over there this last time

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Case No. 2025-P-0015 -- and, yes, you were using, but you’re combative, you’ve threatened to harm yourself, you’ve threatened to harm officers. . . . I know you want help, you’re not taking the help and doing anything with it that is sustainable, and I’m just at a loss. For your own safety and your own security, I’m gonna terminate your probation. I’m going to impose the previously suspended sentence.

...

If you are eligible at some point for transitional control, I will not oppose that. I think that would be a good stepdown for you. But we’ve gotta get you stabilized and cleaned up . . . . Every time I let you out it’s a risk to you, and I just can’t have probation try to supervise you when there’s two things going on; your use and your mental health. I can’t put them in a position, or anybody else in a position, where they’re at risk.

{¶21} The trial court said that the Harassment With Bodily Substances conviction

was an offense of violence and was therefore subject to mandatory post-release control

for a minimum of one year and up to three years. The trial court said that a violation of

post-release control could result in Appellant being sent back to prison for up to half of

her original sentence and that the time could be run consecutively to any new felony she

might commit.

{¶22} The trial court issued a judgment entry finding that the violation was not a

technical violation and that a more restrictive sanction was necessary. The trial court’s

judgment entry stated that it considered the overriding principles of R.C. 2929.11 and

considered the oral statements of Appellant. The trial court sentenced Appellant to 36

months imprisonment on the Harassment With Bodily Substances conviction and 18

months imprisonment on both of the Assault on a Peace Officer convictions. The trial

court ordered the sentences to be served concurrently. The trial court also ordered a

mandatory term of post-release control for a minimum of one year and up to three years.

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Case No. 2025-P-0015 {¶23} Appellant timely appealed. On July 11, 2025, appellate counsel filed a

motion to withdraw as counsel and accompanying appellate brief identifying a potential

assignment of error pursuant to Anders, 386 U.S. 738.

{¶24} On June 3, 2025, this Court issued a judgment entry holding appellate

counsel’s motion to withdraw in abeyance and giving Appellant 30 days in which to file

her own submission raising any arguments in support of her appeal. Appellant has not

made a submission.

Potential Issue for Review:

{¶25} Appellate counsel has identified the following potential issue for review:

“APPELLANT’S SENTENCE OF INCARCERATION WAS CONTRARY TO AND IN

VIOLATION OF THE PRINCIPLES OF FELONY SENTENCING, AS SET FORTH

UNDER SECTION 2929.11 et. seq. OF THE OHIO REVISED CODE.”

{¶26} Appellant’s potential issue for review suggests that the trial court violated

R.C. 2929.11 and 2929.12 and abused its discretion when it considered Appellant’s risk

of self-harm rather than her risk to the public. Appellant has not asserted any assignments

of error in support of her appeal.

{¶27} Anders, 386 U.S. 738, permits “an attorney who, after conscientious

examination of the record, concludes that a criminal appeal is wholly frivolous to so advise

the court and request permission to withdraw, provided that his request is accompanied

with a brief identifying anything in the record that could arguably support the client’s

appeal.” Disciplinary Counsel v. Milhoan, 2014-Ohio-5459, ¶ 8. After the appellant is

given the opportunity to raise additional issues supplementing the Anders brief, the court

of appeals “must review the entire record to determine whether the appeal is wholly

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Case No. 2025-P-0015 frivolous.” State v. Manyo, 2023-Ohio-267, ¶ 14 (11th Dist.). “If this court is unable to find

issues of arguable merit, the decision is affirmed on the merits and counsel is allowed to

withdraw.” Id.1

{¶28} Generally, the decision to revoke community control is evaluated under an

abuse of discretion standard. State v. Russell, 2009-Ohio-3147, ¶ 6 (11th Dist.). An abuse

of discretion may be found when the trial court “‘applies the wrong legal standard,

misapplies the correct legal standard, or relies on clearly erroneous findings of fact.’” In

re L.L.S., 2017-Ohio-7450, ¶ 20 (11th Dist.), quoting Thomas v. Cleveland, 2008-Ohio-

1720, ¶ 15 (8th Dist.). “When an appellate court is reviewing a pure issue of law, ‘the

mere fact that the reviewing court would decide the issue differently is enough to find

error. . . . By contrast, where the issue on review has been confined to the discretion of

the trial court, the mere fact that the reviewing court would have reached a different result

is not enough, without more, to find error.’” State v. Raia, 2014-Ohio-2707, ¶ 9 (11th Dist.),

quoting State v. Beechler, 2010-Ohio-1900, ¶ 67 (2d Dist.).

{¶29} A community control revocation hearing is not a criminal trial. State v.

Mayle, 2017-Ohio-8942, ¶ 14 (11th Dist.). Therefore, a defendant in a community control

revocation hearing is not afforded the full panoply of rights given to a defendant in a

criminal prosecution. Id.

{¶30} However, a defendant is entitled to due process. See State v. Thomas,

2018-Ohio-1024, ¶ 8 (11th Dist.); Gagnon v. Scarpelli, 411 U.S. 778, 786 (1973).

The due process rights to which an alleged violator is entitled in a community control revocation hearing are: (1) written notice of the claimed violations of

1. This Court has adopted a change in its Local Rules effective July 1, 2025, that now prohibits the filing of no-merit briefs pursuant to Anders. However, appellate counsel filed his no-merit brief prior to the effective date of that rule change. Accordingly, we address this issue pursuant to our longstanding precedent regarding the filing of no-merit briefs. See In re A.J.F., 2018-Ohio-1208, ¶ 24, fn. 1 (11th Dist.).

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Case No. 2025-P-0015 community control; (2) disclosure of evidence against him; (3) an opportunity to be heard in person and to present witnesses and documentary evidence; (4) the right to confront and cross-examine adverse witnesses; (5) a neutral and detached hearing body; and (6) a written statement by the fact finder as to the evidence relied upon and the reasons for revoking community control.

Thomas at ¶ 8; see Gagnon at 786.

{¶31} “‘The privilege of probation [or community control] rests upon the

probationer's compliance with the probation conditions and any violation of those

conditions may properly be used to revoke the privilege.’” Russell, 2009-Ohio-3147, at ¶

7 (11th Dist.), quoting State v. Bell, 66 Ohio App.3d 52, 57 (5th Dist. 1990). Because a

revocation hearing is not a criminal trial, the State is only required to introduce evidence

showing it was more probable than not that the person on community control violated its

terms or conditions. Id. A court's decision to revoke community control for even minor

violations is not an abuse of discretion. State v. Solomon, 2019-Ohio-1841, ¶ 21 (11th

Dist.).

{¶32} In making its determination to revoke community control, “a trial court can

take into consideration the nature of the community control violation at issue, the manner

in which the condition was violated, as well as any other relevant circumstances in the

case.” State v. Mehl, 2022-Ohio-1154, ¶ 18 (4th Dist.). “Further, trial courts are granted

much greater latitude and discretion in their decision making when the violation is one of

substance rather than form.” Id.

{¶33} When a trial court determines that it should revoke community control and

impose a term of imprisonment, trial courts consider the purposes and principles of felony

sentencing found in R.C. 2929.11, should balance the seriousness and recidivism factors

found in 2929.12, “and then should impose a prison term within the statutory range for

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Case No. 2025-P-0015 the underlying offense, which the defendant was advised during his or her initial

sentencing hearing.” Id.

{¶34} R.C. 2929.11(A) states that “[a] court that sentences an offender for a felony

shall be guided by the overriding purposes of felony sentencing,” which are “[1] to protect

the public from future crime by the offender and others, [2] to punish the offender, and [3]

to promote the effective rehabilitation of the offender using the minimum sanctions that

the court determines accomplish those purposes without imposing an unnecessary

burden on state or local government resources.” “To achieve those purposes, the

sentencing court shall consider the need for [1] incapacitating the offender, [2] deterring

the offender and others from future crime, [3] rehabilitating the offender, and [4] making

restitution to the victim of the offense, the public, or both.” R.C. 2929.11(A).

{¶35} R.C. 2929.12(A) grants the sentencing court “discretion to determine the

most effective way to comply with the purposes and principles of sentencing.” State v.

Darby, 2008-Ohio-5945, ¶ 7 (11th Dist.). “In exercising that discretion, the court shall

consider” the seriousness factors in R.C. 2929.12(B) and (C) and the recidivism factors

in R.C. 2929.12(D) and (E). Id.

{¶36} As stated, R.C. 2929.11(A) requires the trial court to “be guided by” the

three purposes of felony sentencing; it does not require the court to “consider” them. State

v. Anthony, 2019-Ohio-5410, ¶ 77 (11th Dist.). In contrast, R.C. 2929.11(A) states that

the trial court “shall consider” the four principles of felony sentencing. R.C. 2929.11;

Anthony at ¶ 77. The trial court satisfies its obligation to “consider” the principles of felony

sentencing by stating that it considered them. State v. Dawson, 2016-Ohio-2800, ¶ 15

(11th Dist.). The inclusion of language in a sentencing entry affirmatively stating that the

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Case No. 2025-P-0015 court considered the principles of felony sentencing defeats a claim that the trial court

failed to consider them. Anthony at ¶ 77.

{¶37} Here, the trial court’s sentencing entry recites the first three principles and

states that the trial court considered them. The fourth principle, making restitution, was

not applicable to Appellant’s case.

{¶38} Next, the trial court’s sentence was intended to protect the public from future

crime, at least in part, as the trial court said that Appellant has threatened harm to officers

and had been combative with the probation department. The trial court said that

Appellant’s continued community control was posing a risk to the probation department.

{¶39} More importantly, the trial court’s consideration of Appellant’s self-harm was

explicitly directed at its attempt to rehabilitate the offender and was therefore permissible

under R.C. 2929.11(A). The trial court continued Appellant’s community control after

repeated violations. However, the trial court’s attempts to afford less restrictive means of

providing Appellant treatment were not successful. After repeated positive drug tests and

increasingly concerning and harmful behavior, the trial court was “at a loss” for how to

provide effective rehabilitative treatment for Appellant. So, the trial court terminated

community control to help get appellant “stabilized and cleaned up[.]”

{¶40} With respect to R.C. 2929.12, a sentencing court does not have to use

specific language and render precise findings to satisfactorily consider the relevant

seriousness and recidivism factors. State v. Hull, 2017-Ohio-157, ¶ 18 (11th Dist.).

Instead, the defendant must affirmatively show that the court did not consider the

applicable sentencing criteria. Id. “Absent evidence to the contrary, a reviewing court will

presume the trial court considered all appropriate sentencing factors, even if the record

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Case No. 2025-P-0015 is silent.” Dawson, 2016-Ohio-2800, at ¶ 15 (11th Dist.). Here, while the trial court did not

reference or discuss R.C. 2929.12, that alone does not affirmatively show the court failed

to consider the applicable factors.

{¶41} As part of this court’s duty to review the entire record to determine whether

the appeal is wholly frivolous, we note the following: there are no apparent grounds to

argue that Appellant was not afforded minimum due process rights involved in her

community control violation or her right to a hearing. Appellant was given written notice

of the claimed violation and admitted to the violation on February 10, 2025. The trial court

informed Appellant when it originally sentenced her that if she violated the terms of her

community control, she could face up to 36 months in prison on the felony three and up

to 18 months in prison on each of the felony-four counts. When the trial court revoked

Appellant’s community control, the trial court imposed a concurrent sentence within the

statutory range permitted under R.C. 2929.14.

{¶42} This case is one of those cases contemplated in State v. Lawrence, 2018-

Ohio-3987 (12th Dist.), where an Anders no-merit brief is appropriate. “In cases where

there are no factual issues involved, and the court has meticulously followed the

applicable legal rules, principles, or statutes, it is possible no arguable issues may remain

for appeal.” Id.

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Case No. 2025-P-0015 {¶43} Having independently reviewed the record, we conclude that the present

appeal is wholly frivolous. Counsel’s motion to withdraw is granted, and the judgment of

the Portage County Court of Common Pleas is affirmed.

ROBERT J. PATTON, P.J.,

SCOTT LYNCH, J.,

concur.

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Case No. 2025-P-0015 JUDGMENT ENTRY

For the reasons stated in the opinion of this court, Appellant’s assignment of error

is without merit. We conclude that the present appeal is wholly frivolous. Counsel’s

motion to withdraw is granted, and the judgment of the Portage County Court of Common

Pleas is affirmed.

Costs to be taxed against Appellant.

JUDGE JOHN J. EKLUND

PRESIDING JUDGE ROBERT J. PATTON, concurs

JUDGE SCOTT LYNCH, concurs

THIS DOCUMENT CONSTITUTES A FINAL JUDGMENT ENTRY

A certified copy of this opinion and judgment entry shall constitute the mandate pursuant to Rule 27 of the Ohio Rules of Appellate Procedure.

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Case No. 2025-P-0015