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Year-and-a-half jail sentence upheld for underage drinking arsonist

JESSICA SHAMBAUGH
Special to the Legal News

Published: August 4, 2015

The 12th District Court of Appeals recently affirmed a 540-day jail sentence for a young man caught drinking under age in violation of his community control.

Brent Begley appealed his sentence from the Clermont County Municipal Court, arguing that he was not adequately warned of the possible repercussions if he violated the terms of his community control.

The appellate judges, however, ruled that the municipal court was not required to issue such a warning and affirmed his sentence.

The facts of the case state that Begley was first convicted of one count of arson and sentenced to 180 days in jail in July 2013.

The municipal court suspended that sentence and instead placed him on two years of community control.

At the same time but in a separate case, Begley was sentenced to 180 days for one count of underage alcohol consumption.

Again, the trial court suspended that sentence and placed him on two years of community control.

In June 2014, before his community control had expired, Begley was again charged with underage consumption.

He pleaded guilty to that charge and admitted violating his community control.

The municipal court then convicted him of one count of underage consumption and two counts of violating his community control.

The court then continued sentencing for 60 days, giving Begley time to demonstrate his willingness to comply with his community control sanctions.

Instead, he failed to appear for his sentencing and a warrant was issued for his arrest.

Begley subsequently turned himself in and the trial court sentenced him to 180 days for each conviction and ordered the terms to run consecutively for a total of 540 days in jail.

On appeal, Begley argued that the trial court could not sentence him to jail because it did not inform him that he could be sent to jail for violating the terms of his community control.

The appellate judges agreed with Begley that R.C. 2929.25(A)(3) requires a court to notify a defendant of the consequences of violating community control.

However, they found that he was not sentenced under that statute because he was sentenced to jail with those sentences suspended.

“Because the municipal court sentenced Begley under R.C. 2929.25(A)(1)(b), the municipal court had no duty under R.C. 2929.25(A)(3) to inform Begley that a violation of his community control sanctions could lead to the imposition of his remaining suspended jail terms,” Presiding Judge Robin Piper wrote for the court.

Judges Stephen Powell and Michael Powell agreed and joined Piper to form the majority on the matter.

The case is cited State v. Begley, 2015-Ohio-2892.

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