Olmsted Township v. Ritchie
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The Supreme Court reversed the judgment of the court of appeals construing the language of Ohio Rev. Code 2929.25(D)(4) as prohibiting the trial court from ordering a jail term for a violation of a condition of community control exceeding the maximum jail term imposed on the misdemeanant at sentencing, holding that the court's construction of the statute was incorrect.
At issue was whether subsection 2929.25(D)(4) authorizes a trial court to impose a jail term for a violation fo a condition of a community-control sanction when the original sentence was directly imposed under subsection 2929.25(A)(1)(a) and no suspended jail time was reserved as contemplated under subsection 2929.25(A)(1)(b), regardless of whether notice has been provided under subsection 2929.25(A)(3)(c). The Supreme Court held that the limit on the total length of time that a misdemeanant may be incarcerated for both a misdemeanor offense and a violation of a condition of a community-control sanction imposed for that offense is the statutory maximum jail term for the offense, as set forth in section 2929.24, and this limit does not change based on the length of the jail term imposed at sentencing.
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