State v. Turner

Summary

The Eleventh District Court of Appeals affirmed Maurice D. Turner's sentence of two years of community control following convictions for breaking and entering and aggravated possession of drugs. The court held that appellate review was precluded under R.C. 2953.08(D)(1) because the sentence, including successful completion of the NEOCAP community-based correctional program, was jointly recommended, authorized by law, and not opposed by Turner or his counsel.

Holdings

1. R.C. 2953.08(D)(1) precludes appellate review when a sentence is authorized by law, jointly recommended by the parties, and imposed by the sentencing court. Because the parties jointly recommended two years of community control, the sentence was authorized by law, and the trial court imposed it, Turner’s challenge was not reviewable.
2. A term at NEOCAP, a community-based correctional facility, is a statutorily authorized community residential sanction that may be imposed as a condition of community control.

Questions Presented

1. Whether R.C. 2953.08(D)(1) precluded appellate review of Turner’s jointly recommended sentence of community control.
2. Whether requiring Turner to successfully complete NEOCAP was a statutorily authorized community residential sanction and condition of community control.

Disposition

affirmed