State v. Whitfield

2024 Ohio 187

• Court: Ohio Court of Appeals
• Decided: January 19, 2024
• Docket: L-23-1099
• Status: Published

Opinion

[Cite as State v. Whitfield, 2024-Ohio-187.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY

State of Ohio Court of Appeals No. L-23-1099

Appellee Trial Court No. CR0202102966

v.

Mitchell Whitfield DECISION AND JUDGMENT

Appellant Decided: January 19, 2024

*****

Julia R. Bates, Lucas County Prosecuting Attorney, and Kaitlyn Tauber, Assistant Prosecuting Attorney, for appellee.

Samuel E. Gold, for appellant.

SULEK, J.

{¶ 1} Appellant, Mitchell Whitfield, appeals the Lucas County Court of Common

Pleas’ April 13, 2023 judgment entry revoking his community control and sentencing

him to 24 months of imprisonment following his admission to a community control

violation. Finding no abuse of the trial court’s discretion, the judgment is affirmed. I. Facts and Procedural History

{¶ 2} A jury convicted Whitfield of possession of cocaine, a fifth-degree felony,

and tampering with evidence, a third-degree felony. On October 7, 2022, he was

sentenced to four years of community control with the following conditions:

[It] be monitored by the Lucas County Adult Probation Department

specifically to include: 1) Pursuant to R.C. 2901.07, defendant ordered to

submit to DNA testing; 2) Defendant to successfully complete the Day

Reporting program; 3) Defendant to submit to random drug testing

including urinalysis, blood testing, or drug patch to be determined by the

Centralized Drug Testing Unit pursuant to policy; 4) Defendant to seek and

maintain gainful verifiable employment; 5) Defendant must abide by the

laws of this state and this nation and may not leave the State of Ohio

without permission of this Court and/or his/her supervising probation

officer; 6) Defendant committed to the Lucas County Work Release

Program with no violations for 180 days. Defendant has two weeks to find

a job, if no job balance of time to be served at CCNO. There is to be strict

compliance.

{¶ 3} The court notified Whitfield that if he violated the terms of his community

control it would “lead to a longer or more restrictive sanction for defendant, including a

prison term of 12 months as to count 1 and 36 months as to count 2.” On direct appeal,

2. this court affirmed Whitfield’s convictions. See State v. Whitfield, 6th Dist. Lucas No. L-

22-1259, 2023-Ohio-4579.

{¶ 4} On November 9, and December 27, 2022, Whitfield filed pro se motions in

the trial court requesting that the court modify the terms of his community control.

Specifically, Whitfield requested release from electronic monitoring and lessening of the

reporting conditions. The state opposed the motion. On January 31, 2023, the trial court

denied the motion.

{¶ 5} On February 21, 2023, the trial court ordered that a capias be issued

“[p]ursuant to the request of Electronic Monitoring.” Following his arrest, Whitfield

waived a hearing and admitted to a community control violation. The court then imposed

a 24-month prison sentence.

{¶ 6} This appeal followed.

II. Assignment of Error

{¶ 7} Whitfield raises the following assignment of error:

I. The Trial Court abused its discretion by revoking Appellant’s

community control and imposing 36 months incarceration.1

1 Whitfield was sentenced to a 24-month, not 36-month, prison sentence.

3. III. Analysis

{¶ 8} Whitfield’s sole argument is that the trial court erred in revoking his

community control and imposing a prison term. The state asserts that the sentence was

proper because Whitfield provided no reasonable explanation for his noncompliance with

community control conditions.

{¶ 9} “‘The right to continue on community control depends on a defendant’s

compliance with community control conditions[.]’” State v. Bahnsen, 6th Dist. Erie No.

E-21-004, 2021-Ohio-3057, ¶ 10, quoting State v. Schreiber, 12th Dist. Warren No.

CA2018-03-026, 2019-Ohio-2963, ¶ 18. Under R.C. 2929.15(B)(1) and (3), if an

offender violates the conditions of a community-control sanction or violates a law, the

court may impose a longer period of community control, a more restrictive community-

control sanction, or a prison term within the range available for the underlying offense up

to the maximum term specified at the original sentencing hearing. Bahnsen at ¶ 12, citing

State v. Calhoun, 6th Dist. Wood No. WD-17-067, 2019-Ohio-228, ¶ 18. A trial court

holds a “great deal of discretion” to fashion a sentence after finding that an offender has

violated the conditions of community control. Id., citing Calhoun at ¶ 18.

{¶ 10} On appeal, a trial court’s decision to revoke a community control sanction

is reviewed under an abuse-of-discretion standard. State v. Foley, 6th Dist. Wood No.

WD-21-005, 2021-Ohio-3263, ¶ 19, citing Calhoun at ¶ 17. An abuse of discretion

4. connotes that the trial court’s attitude is unreasonable, arbitrary, or unconscionable. State

v. Adams, 62 Ohio St.2d 151, 157, 404 N.E.2d 144 (1980).

{¶ 11} Here, Whitfield admitted violating the conditions of his community control.

Specifically, that “[he was] terminated from day reporting for unexcused absences and

[he] failed to submit urinalysis pursuant to the probation department’s policy.” At

sentencing, Whitfield stated that his job commitments prevented his regular attendance at

the day reporting program and compliance with the drug testing requirements. He stated:

“I’m just asking to be worked with for my lifestyle so I can be successful.” The trial

court then reminded Whitfield that his community control (in lieu of a prison) sentence

was premised on “strict compliance.” The court noted Whitfield’s 4 prior felonies and 29

misdemeanors. It then properly imposed a prison sentence within the statutory range of

which Whitfield was informed at his original sentencing.

{¶ 12} Upon review, the trial court did not abuse its discretion in revoking

Whitfield’s community control and imposing a prison sentence. Whitfield’s first

assignment of error is not well-taken.

IV. Conclusion

{¶ 13} For the foregoing reasons, the judgment of the Lucas County Court of

Common Pleas is affirmed. Pursuant to App.R. 24, Whitfield is ordered to pay the costs

of this appeal.

Judgment affirmed.

5. State of Ohio v. Mitchell Whitfield L-23-1099

A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See also 6th Dist.Loc.App.R. 4.

Gene A. Zmuda, J. ____________________________ JUDGE Myron C. Duhart, J. ____________________________ Charles E. Sulek, P.J. JUDGE CONCUR. ____________________________ JUDGE

This decision is subject to further editing by the Supreme Court of Ohio’s Reporter of Decisions. Parties interested in viewing the final reported version are advised to visit the Ohio Supreme Court’s web site at: http://www.supremecourt.ohio.gov/ROD/docs/.

6.