State v. Ballish

Summary

The Supreme Court of Ohio held that the three-part test from State v. Jones does not apply to misdemeanor community-control conditions expressly authorized by statute. The court ruled that drug-and-alcohol-use monitoring authorized by R.C. 2929.27(A)(8) is reviewed only for abuse of discretion, reversed the Eleventh District Court of Appeals, and reinstated the trial court’s sentencing order.

Holdings

1. The three-part test articulated in State v. Jones does not apply to a community-control condition that the General Assembly has expressly authorized by statute.
2. The trial court did not abuse its discretion by imposing drug-and-alcohol-use monitoring as a condition of Ballish's one-year community-control term.
3. The Jones test remains applicable to additional community-control conditions devised by a sentencing court that are not expressly authorized by law.

Questions Presented

1. Whether the three-part test from State v. Jones applies to a community-control condition that the General Assembly has expressly authorized by statute.
2. Whether the trial court abused its discretion by imposing drug-and-alcohol-use monitoring as a condition of Ballish's misdemeanor community control.

Disposition

reversed