.]
COURT OF APPEALS
LICKING COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. W. Scott Gwin, P.J.
Plaintiff-Appellee : Hon. Patricia A. Delaney, J.
: Hon. Earle E. Wise, Jr., J.
-vs- :
:
RASHIDAH S. MORGAN : Case No. 2021 CA 00004
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 18CR776
JUDGMENT: Affirmed
DATE OF JUDGMENT: June 1, 2021
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
PAULA M. SAWYERS WILLIAM T. CRAMER
20 S. Second Street 470 Olde Worthington Road
Fourth Floor Suite 200
Newark, OH 43055 Westerville, OH 43082
Licking County, Case No. 2021 CA 00004 2
Wise, Earle, J.
{¶ 1} Defendant-Appellant Rashidah Morgan appeals the October 26, 2020
judgment of the Licking County Court of Common Pleas which revoked her community
control sanction and imposed a previously suspended 3-year prison term. Plaintiff-
Appellee is the state of Ohio.
FACTS AND PROCEDURAL HISTORY
{¶ 2} The parties do not dispute the facts. On January 29, 2019, Appellant was
placed on a 3-year period of community control following a plea of guilty to robbery, a
felony of the third degree. She was ordered to complete the Mended Reeds Community
Based Corrections program. Additionally relevant to this matter, Appellant was not to
leave the state of Ohio without written permission of the Adult Court Services Department
and was to obey all laws, federal, state, and local.
{¶ 3} Appellant successfully completed the Mended Reeds program and
thereafter decided to relocate to Lawrence County Ohio. Her community control was
transferred to Lawrence County for courtesy supervision in June of 2019.
{¶ 4} On May 21, 2020, Appellant's Licking County probation officer was notified
that Appellant was being held in the Lawrence County Jail on a burglary charge. The
charge was reduced to trespassing, a misdemeanor of the fourth degree, but Appellant
thereafter failed to appear for a scheduled court appearance. A warrant therefore issued
for her arrest. In September 2020, Appellant was arrested in New Mexico and returned to
Licking County to face community control violations.
{¶ 5} On October 26, 2020, Appellant waived a hearing and admitted to violating
the terms and conditions of her community control. In a sentencing memo filed prior to
Licking County, Case No. 2021 CA 00004 3
the hearing, Appellant's probation officer recommended the trial court impose the
previously suspended sentence noting Appellants extensive criminal history and her
inability to comply with supervision. The trial court accepted that recommendation and
imposed the previously suspended 3-year prison term.
{¶ 6} Appellant was granted leave to file a delayed appeal and the matter is now
before this court for consideration. Appellant raises one assignment of error for our
consideration:
I
{¶ 7} "THE TRIAL COURT ABUSED ITS DISCRETION IN REVOKING
COMMUNITY CONTROL AND IMPOSING A PRISON TERM."
{¶ 8} In her sole assignment of error, Appellant argues the trial court abused its
discretion by revoking her community control. Appellant appears to argue that because
she has successfully completed a term of community control in the past and because she
complied with some terms of the period of community control in this matter, the trial court
erred by revoking her community control. We disagree
{¶ 9} We review the trial court's decision to revoke community control under an
abuse of discretion standard. State v. Smith, Richland App. Nos. 94-CA-62, 94-CA-64,
1995WL557408 at 4. (Aug. 28, 1995). A trial court will not be deemed to have abused its
discretion unless its decision was unreasonable, arbitrary, or unconscionable. Blakemore
v. Blakemore,
(1983).
{¶ 10} We have previously stated the privilege of community control rests upon the
defendant's compliance with the terms and conditions of community control and any
Licking County, Case No. 2021 CA 00004 4
violation of those conditions may properly be used to revoke the privilege. (Emphasis
added.) State v. Bell,
(5th Dist.1990).
{¶ 11} Here, Appellant's community control was revoked after she committed a
new criminal offense, failed to appear in court, and fled the state. Upon full review of the
record, we find no abuse of discretion.
{¶ 12} The sole assignment of error is overruled.
{¶ 13} The judgment of the Licking County Court of Common Pleas is affirmed.
By Wise, Earle, J.
Gwin, P.J. and
Delaney, J. concur.
EEW/rw
