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51 Ohio St. 3d 136

In re Townsend

Ohio Supreme Court

Decided May 30, 1990

Ohio Supreme Court · decided 1990-05-30

Key passage — most relied on by later courts

““ * * * Thus, we specifically disapprove State v. Williams, supra, to the extent it holds that ‘absconds’ requires proof that the probationer left the jurisdiction. * * * Courts of law are not warranted in giving such a construction to the acts of a legislature, as must necessarily work injustice and be fraught with injurious consequences, unless the intent of the legislature that they shall be so understood, is manifest and clear beyond any rational doubt. * * *” ’ Lessee of Allen v. Parish (1827), 3 Ohio 187, 198 , quoted in part by Judge Krupansky in State v. Williams, supra, at 189, 540 N.E.2d at 304-305 .””

quoted by 1 later decision, including 77 Ohio App. 3d 697 - State v. Cass

Relies on 43 Ohio App. 3d 184 - State v. Williams

Good law ✅— No negative treatment on recordhow we know

Decided 1990-05-30

How this case has been cited

Cited by 17 later decisions — most recently December 2020

17 state decisions

901990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1We decide today that *137the term “absconds,” as used in R.C. 2951.07, can include a probationer who willfully fails to report to his probation officer even though he may have remained within the territorial jurisdiction of the trial court. Hence, the state need not prove that the probationer left the court’s territorial jurisdiction in order to toll the running of his probation period pursuant to R.C. 2951.07.

¶2A trial court retains jurisdiction over a defendant placed on probation in accordance with R.C. 2951.07, which provides:

“Probation under section 2951.02 of the Revised Code continues for such period as the judge or magistrate determines, and may be extended. The total period of probation shall not exceed five years. If the probationer absconds or otherwise absents himself from the jurisdiction of the court without permission from the county department of probation or the court to do so, or if he is confined in any institution for the commission of any offense whatever, the probation period ceases to run until such time as he is brought before the court for its further action.”

¶3The state argues that the phrase “or otherwise absents himself from the jurisdiction of the court without permission,” is a wholly independent clause, not modifying “absconds” in any way. Thus, a defendant might abscond — by willfully evading the court’s lawful supervision — without in fact leaving the jurisdiction. In contrast, petitioner-appellee argues that the word “otherwise” does modify the word “absconds,” so as to require the state to prove that the probationer left “from the jurisdiction.”

¶4In this case, the court of appeals issued no opinion; however, in the entry granting the petition, the court relied on State v. Williams (1988), 43 Ohio App. 3d 184, 540 N.E. 2d 300. Williams, in interpreting R.C. 2951.07, concluded, in a split decision, that a “probationer must abscond from the jurisdiction” in order for the period of probation to be tolled. Id. at 186, 540 N.E. 2d at 302. Judge Krupansky, dissenting, argued the majority’s interpretation “rewards injustice by permitting a probation violator, appellant, to terminate his probation at his pleasure without penalty since he absconded within the jurisdiction of the court.” Id. at 189, 540 N.E. 2d at 305.

¶5Returning to the present case, dissenting Judge Matia presented similar views. He read “ ‘absconds,’ as used in R.C. 2951.07 to include any action by a probationer who frustrates the trial court’s supervision of his probation, irrespective of where the probationer absconds.”

¶6Applying normal standards of statutory construction we find the word “absconds” is not qualified by the words “from the jurisdiction.” The phrase “from the jurisdiction” applies only to “or otherwise absents.” The word “abscond” has a clearly defined legal meaning, standing alone; it needs no clarification or modification from the statutory words appearing after it. “Abscond” is widely and normally interpreted to include hiding within a jurisdiction from service of process. See 1 Words and Phrases (1964) 247, Abscond; Black’s Law Dictionary (5 Ed. 1979) 8.

¶7We find this interpretation fits within the object and purpose of the statute which is to deal with those who, by their voluntary act, frustrate supervision of their probation. As we noted long ago:

“It is a rule of interpretation, of universal application, that a law is to be so construed as to carry out the intention of the maker, and that to ascer*138tain that intention, not merely is the language of the law, to be looked to, but also the subject-matter to which it relates, the evil provided against, and the attending circumstances and understanding, at the time the law was framed.” (Emphasis sic.) Bank of Toledo v. Toledo (1853), 1 Ohio St. 622, 637.

¶8It makes little sense to qualify “absconds” by requiring the state to prove the probation violator left the jurisdiction. To so interpret R.C. 2951.07 constricts the word to less than its normal meaning, frustrates the legislature’s intention, and rewards a wrongdoer for his own wrong. Thus, we specifically disapprove State v. Williams, supra,to the extent it holds that “absconds” requires proof that the probationer left the jurisdiction. “ Courts of law are not warranted in giving such a construction to the acts of a legislature, as must necessarily work injustice and be fraught with injurious consequences, unless the intent of the legislature that they shall be so understood, is manifest and clear beyond any rational doubt. ’ ” Lessee of Allen v. Parish (1827), 3 Ohio 187, 198, quoted in part by Judge Krupansky in State v. Williams, supra, at 189, 540 N.E. 2d at 304-305.

¶9The judgment of the court of appeals is reversed, and the cause is remanded to that court for further proceedings.

¶10Judgment reversed, relief denied and cause remanded.

Moyer, C.J., Sweeney, Holmes, Douglas, Wright, H. Brown and Resnick, JJ., concur.
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