Youngstown Daily Legal News

Court of appeals affirms prison sentence for woman who didn't return car after test drive

JESSICA SHAMBAUGH
Special to the Legal News
Published: April 22, 2014

The 12th District Court of Appeals recently affirmed a woman’s nine-month prison sentence after she failed to return a car she took for a test drive.

Keionnaa Hughes’ case stemmed from allegations that she and an accomplice gave a car dealership a false identification and a stolen driver’s license in order to obtain permission to test drive a car.

They then took that vehicle on a test drive and did not return it.

Hughes was arrested in Franklin County for the offense and was released on bond.

As a condition of her release, Hughes was required to report to the Butler County Clerk of Court within five days of her release to face charges.

She failed to abide by that condition and a second arrest warrant was issued several weeks later.

Hughes was arrested on that warrant and was again released on bond.

In April 2013, Hughes pleaded guilty to one count of grand theft and one count of identity theft, both of which were fifth-degree felonies.

The Butler County Court of Common Pleas accepted her plea and held a sentencing hearing the following month.

After considering all relevant factors, the trial court sentenced Hughes to nine months in prison for both counts and ordered the sentences to run concurrently.

Hughes then appealed her sentence to the 12th District appellate panel.

“The trial court erred to the prejudice of defendant-appellant when it sentenced her to concurrent terms of nine months in the Ohio Department of Rehabilitation and Corrections,” her appeal stated.

Upon review, the three-judge appellate panel determined that the trial court properly considered all factors required by Ohio’s sentencing laws prior to issuing Hughes’ sentence.

Nonetheless, Hughes argued that she was entitled to a sentence of community service in lieu of a prison term because her felonies were only fifth-degree offenses and neither was a violent crime.

“R.C. 2929.13(B)(1)(a) sets forth a presumption for community control if an offender is convicted of or pleads guilty to a felony of the fourth or fifth degree that is not an offense of violence,” Judge Robert Hendrickson wrote on behalf of the appellate panel.

On the surface, the judges agreed with Hughes that the presumed sentence for a fifth-degree felony is community service.

However, they determined that certain exceptions apply to the statute.

One such exception, R.C. 2929.13(B)(1)(b)(iii), details that a trial court is granted discretion to impose a prison term for a fifth-degree conviction when the named offender “violated a term of the conditions of bond as set by the court.”

“Based upon our review of the record, we find the trial court had the discretion to sentence appellant to a term of imprisonment due to her violation of the condition of her Franklin County bond,” Judge Hendrickson stated. “Namely, appellant failed to report to the Butler County Clerk within five days of her release from the custody of Franklin County.”

Hughes argued that imposition of a prison term was still in error because she was never formally charged with a bond violation.

The appellate judges found that line of argument unpersuasive.

They held that they must apply the law based on its plain language and could not add or delete words.

Because the statute in question did not provide an exception for bond violations that are not formally charged, the judges found that the trial court handled the matter properly and within its discretion.

“As the record supports the trial court’s finding that appellant committed a violation of a condition of her bond, the trail court was entitled to impose a prison term pursuant to R.C. 2929.13(B)(1)(b),” Judge Hendrickson continued.

Presiding judges Robert Ringland and Robin Piper concurred.

The case is cited State v. Hughes, 2014-Ohio-1320.

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