State v. Wheeler , 2022 Ohio 1264 ( 2022 )

[Cite as State v. Wheeler, 2022-Ohio-1264.]
IN THE COURT OF APPEALS OF OHIO
SECOND APPELLATE DISTRICT
MIAMI COUNTY
STATE OF OHIO :
:
Plaintiff-Appellee : Appellate Case No. 2021-CA-30
:
v. : Trial Court Case No. 2021-CR-20
:
JONATHAN E. WHEELER : (Criminal Appeal from
: Common Pleas Court)
Defendant-Appellant :
:
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OPINION
Rendered on the 15th day of April, 2022.
...........
MATTHEW C. JOSEPH, Atty. Reg. No. 0090869, Assistant Prosecuting Attorney, Miami
County Prosecutor’s Office, 201 West Main Street, Troy, Ohio 45373
Attorney for Plaintiff-Appellee
V. GAYLE MILLER, Atty. Reg. No. 0091528, 120 West Second Street, Suite 501, Dayton,
Ohio 45402
Attorney for Defendant-Appellant
.............
TUCKER, P.J.
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{¶ 1} Jonathan E. Wheeler appeals from the trial court’s revocation of community
control and imposition of a 12-month prison sentence after he refused to participate in a
residential treatment program.
{¶ 2} Wheeler alleges ineffective assistance of counsel based on his attorney’s
failure to explain his sentencing options during the revocation hearing. Wheeler suggests
that he would have accepted local incarceration followed by participation in a treatment
program if his attorney had advised him “on the ramifications of the sentencing options.”
{¶ 3} Upon review, we see no ineffective assistance of counsel. The trial court
clearly explained that Wheeler could continue on community control with a local jail term
and participation in a residential treatment program or he could serve 12 months in prison
for violating his community control. Wheeler refused to participate in the program, and the
trial court imposed the prison term. The record does not support Wheeler’s claim about
not understanding his sentencing options. Accordingly, the trial court’s judgment will be
affirmed.
I. Factual and Procedural Background
{¶ 4} Wheeler pled guilty to one count of felony theft in April 2021. The trial court
imposed two years of community-control sanctions that included completion of a
residential treatment program. The trial court reserved a 12-month prison term for a
violation. Wheeler subsequently violated his community-control conditions by being
terminated from the “NOVA” program. He admitted the violation, and the matter
proceeded to disposition. During a September 23, 2021 hearing, the trial court expressed
its intent to extend community control to three years and to impose a local jail term
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pending Wheeler’s acceptance into the “MonDay” residential program.
{¶ 5} Wheeler responded by requesting to go to the “NOPH” program in Toledo
instead. The trial court expressed skepticism about his being able to participate in the
NOPH program but agreed to permit it in lieu of MonDay if Wheeler could gain
acceptance. In the meantime, the trial court maintained its order for Wheeler to participate
in the MonDay program. Wheeler responded by expressing displeasure about having to
spend time in jail and then complete a six-month MonDay program after already having
served some jail time and having completed a portion of the NOVA program. He
complained that his total time in jail and the programs would exceed 12 months, which
was the length of the prison term he faced. The trial court engaged in additional discussion
with Wheeler, making clear that he could participate in the treatment program or serve
the prison term. The following exchange then occurred:
MR. WHEELER: How long am I looking at in prison?
JUDGE: 12 months minus any jail credit.
MR. WHEELER: How much jail credit do I got?
ASST. PROSECUTOR: 144 days as of last sentence. I don’t have an
updated number, well, I do have an updated number, 199 days total.
JUDGE: Mr. Wheeler, I have sentenced you. I have now found you in
violation of your community control conditions and I have issued new
conditions in addition to what was imposed. If there’s nothing further, that
will stand, which means you’re going to serve a local jail sentence and then
go to the MonDay program for treatment. Do you understand that?
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MR. WHEELER: How long is the MonDay?
JUDGE: Probably six months, but if you’re telling me you’re not willing to do
it; you’re not willing to do the treatment I have ordered, then I’m going to
terminate you today because it doesn’t do me any good to put you on
community control if you’re not willing to comply with the conditions.
MR. WHEELER: I’ve caught no breaks in this courtroom.
JUDGE: You can answer my question. Are you willing to do treatment?
MR. WHEELER: I’m not going to MonDay.
JUDGE: Alright, based upon the Defendant not being willing to comply with
community control conditions as ordered, which does include treatment,
your sentence of community control is terminated upon the violation. You’ve
already been advised of all of your rights in sentencing at the May hearing
and a 12 month reserved term is imposed. We are adjourned.
Sept. 23, 2021 Transcript at 12-13.
{¶ 6} The trial court journalized Wheeler’s sentence in a September 24, 2021 entry
imposing sentence and terminating community control. This appeal followed.
II. Analysis
{¶ 7} In his sole assignment of error, Wheeler alleges ineffective assistance of
counsel based on his attorney’s failure to assure his “clear understanding of the
sentencing options” and to “advise him on the ramifications of the sentencing options.”
Wheeler maintains that this deficient performance prejudiced him by resulting in a 12-
month prison term rather local incarceration followed by treatment at the MonDay facility.
{¶ 8} “A claim of ineffective assistance of trial counsel requires both a showing that
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trial counsel’s representation fell below an objective standard of reasonableness, and that
the defendant was prejudiced as a result. Strickland v. Washington, 466 U.S. 668, 104
S.Ct. 2052, 80 L.Ed.2d 674 (1984). A reviewing court ‘must indulge in a strong
presumption that counsel’s conduct falls within the wide range of reasonable professional
assistance.’ Id. at 689.” State v. McGlown, 2d Dist. Montgomery No. 25434, 2013-Ohio-
2762, ¶ 14.
{¶ 9} We see no ineffective assistance here. The sentencing transcript reflects that
the trial court clearly set forth Wheeler’s options. It explained that he could continue on
community control and serve a jail term to be followed by completion of the MonDay
program (or the NOPH program if he could gain acceptance). Alternatively, if Wheeler did
not agree to participate in a residential treatment program, the trial court explained that it
would terminate community control and impose a 12-month prison term. Wheeler
responded by refusing to participate in the MonDay program, and the trial court imposed
the prison term. Nothing in the record suggests that Wheeler did not know or failed to
understand his options. Because the trial court fully explained those options, defense
counsel did not provide deficient representation by failing to do so. Accordingly, we
overrule the assignment of error.
III. Conclusion
{¶ 10} Having overruled Wheeler’s sole assignment of error, we affirm the
judgment of the Miami County Common Pleas Court.
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DONOVAN, J. and LEWIS, J., concur.
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Copies sent to:
Matthew C. Joseph
V. Gayle Miller
Hon. Stacy M. Wall