State v. Shoaf

Brown, Judge.

The state of Ohio, plaintiff-appellant, appeals a decision of the Franklin County Court of Common Pleas, Criminal Division, pursuant to R.C. 2953.08(B)(2) and 2945.67(A). The court imposed a five-year period of community control on James S. Shoaf, defendant-appellee, after he violated the conditions of treatment in lieu of conviction pursuant to R.C. 2951.041. We reverse and remand.

On April 30, 1998, appellee was indicted by a grand jury for five counts of deception to obtain dangerous drugs, a violation of R.C. 2925.22; one count of illegal processing of drug documents, a…