State v. Boggs

Summary

The Ohio Second District Court of Appeals affirmed Chelsey Lynn Boggs’s convictions and sentence involving two counts of fentanyl possession. The court held that requiring her to complete a residential program at the West Central community-based correctional facility was an authorized community residential sanction and was not contrary to law. It also concluded that the cited statutes did not require the trial court to obtain a professional assessment before imposing the program.

Holdings

1. The challenge appeared to be moot because Boggs was no longer listed as a current West Central resident and the appellate court could provide no remedy for time already spent completing the program.
2. A defendant's disagreement with the trial court's assessment of the rehabilitation benefits or necessity of a community-based correctional-facility placement is not a permissible basis for finding the felony sentence contrary to law when the placement is authorized and the court considered R.C. 2929.11 and R.C. 2929.12.
3. The trial court was not required to obtain a professional assessment before ordering Boggs to complete a term at a community-based correctional facility.

Questions Presented

1. Whether the challenge to the West Central residential component of Boggs's sentence was moot because she had apparently completed the program.
2. Whether the trial court's order requiring Boggs to complete a term at a community-based correctional facility was contrary to law because the program was allegedly unnecessary for rehabilitation.
3. Whether the trial court was required to obtain a professional assessment before imposing the community-based correctional-facility term.

Disposition

affirmed