City of Cleveland v. Clemons

John V. Corrigan, Judge.

Defendant-appellant, Kenny Clemons, appeals from the judgment of the Cleveland Municipal Court, which amended his original probation conditions in open court absent his presence. The amended conditions required a random drug test. When appellant failed the test on the second attempt, the court imposed his original sentence. Clemons assigns for error the modification of his original probation conditions outside his presence. Based on the reasons adduced below, we sustain Clemons’s assignment of error.

On September 16, 1991, Clemons appeared in the Cleveland Municipal…