[Cite as State v. Williard, 2011-Ohio-193.]

COURT OF APPEALS 

 HOLMES COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO 

 Plaintiff-Appellee 

-vsJONATHAN WILLIARD 

 

 Defendant-Appellant 

: JUDGES: 

: Julie A. Edwards, P.J. 

: W. Scott Gwin, J. 

: John W. Wise, J. 

: 

: Case No. 10CA002 

: 

: 

: O P I N I O N

CHARACTER OF PROCEEDING: Criminal Appeal from Holmes County 

 Court of Common Pleas Case No. 

 09-CR-086 

JUDGMENT: Affirmed 

DATE OF JUDGMENT ENTRY: January 19, 2011 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

E. CHRISTOPHER OEHL DOUGLAS A. MILHOAN 

Holmes County Prosecutor P.O. Box 347 

164 East Jackson Street Middlebranch, Ohio 44652 

Millersburg, Ohio 44654 

 
[Cite as State v. Williard, 2011-Ohio-193.]

Edwards, P.J. 

{¶1} Defendant-appellant, Jonathan Williard, appeals his sentence from the 

Holmes County Court of Common Pleas on two counts of telecommunications 

harassment and one count of violation of a protection order. Plaintiff-appellee is the 

State of Ohio. 

STATEMENT OF THE FACTS AND CASE

{¶2} On November 12, 2009, a Bill of Information was filed alleging that 

appellant had committed two counts of telecommunications harassment in violation of 

R.C. 2917.21(B), misdemeanors of the first degree, and one count of violation of a 

protection order in violation of R.C. 2919.27(A)(2), also a misdemeanor of the first 

degree. On November 17, 2009, appellant entered a plea of guilty to the Bill of 

Information and was sentenced, pursuant to a joint sentencing agreement, to serve 180 

days in jail on each charge, to be served consecutively for a total sentence of 540 days 

in jail. As memorialized in a Judgment Entry filed on the same day, appellant’s sentence 

was suspended upon condition that appellant successfully complete one year of 

Intensive Supervision and three years of basic supervision by the Adult Probation 

Department. 

{¶3} On November 30, 2009, a Motion to Revoke appellant’s community 

control was filed. At an adjudicatory hearing on December 17, 2009, appellant entered a 

plea of admission to such motion. A dispositional hearing was scheduled for January 

26, 2010. Pursuant to a Journal Entry filed on January 27, 2010, appellant was 

sentenced to serve his previously ordered jail sentence of 540 days. Appellant was 

given credit for 59 days of time served, leaving a remaining jail sentence of 481 days. 
Holmes County App. Case No. 10CA002 3 

{¶4} Appellant now raises the following assignment of error on appeal: 

{¶5} “THE IMPOSITION OF A JAIL SENTENCE IN THIS CASE IMPOSES AN 

UNNECESSARY BURDEN ON LOCAL RESOURCES.” 

I 

{¶6} Appellant, in his sole assignment of error, argues that the imposition of a 

jail sentence on him imposes an unnecessary burden on local resources. 

{¶7} As an initial matter, we note that appellant was not sentenced for his 

violations, but rather for his underlying offenses. Appellant originally was sentenced to 

540 days in jail after pleading guilty to telecommunications harassment and violating a 

protection order. He was placed on community control and his sentence was 

suspended. After he was found guilty of violating his community control, appellant’s 

sentence was imposed. Appellant has failed to provide this Court with a transcript of his 

original sentencing hearing. Without the transcript, this Court cannot say whether, 

based on the facts of the underlying offenses, appellant’s sentence was excessive. 

There is no rendition of the underlying facts in the case file. 

{¶8} Moreover, because appellant agreed to the sentence that was imposed 

upon him at the original sentencing hearing, the sentencing judge did not need to justify 

the sentence. See, for example, State v. Porterfield, 106 Ohio St.3d 5, 2005-Ohio3095, 829 N.E.2d 690. 

{¶9} Finally, appellant argues that his sentence is an unnecessary burden 

because he has accepted responsibility for his actions by pleading guilty to the 

underlying charges and the probation violation and notes that this was his first probation 

violation. Appellant, after a Motion to Revoke his Community Control was filed, entered 
Holmes County App. Case No. 10CA002 4 

an admission to having consumed alcohol on one occasion. Appellant further 

emphasizes that the probation violation involved consuming alcohol in his own home 

and did not involve any attempt to contact or stalk the victim in the underlying case. 

{¶10} The transcript from the January 26, 2010, hearing reveals that while 

appellant was on community control, the Sheriff’s Department responded to a 

disturbance at his residence. Appellant was arrested for domestic violence. At the time 

of his arrest, appellant was so intoxicated that he had to stay in restraints in a holding 

cell due to his combative nature. As a result, no breath testing was able to be 

conducted. Appellant’s Probation Officer testified at the hearing before the trial court 

that the situation created a risk to appellant and to others as well. 

{¶11} Based on the foregoing, we find that appellant has not demonstrated that 

imposition of a jail sentence imposed an unnecessary burden on local resources. 
Holmes County App. Case No. 10CA002 5 

{¶12} Appellant’s sole assignment of error is, therefore, overruled. 

{¶13} Accordingly, the judgment of the Holmes County Court of Common Pleas 

is affirmed. 

By: Edwards, P.J. 

Gwin, J. and 

Wise, J. concur 

______________________________ 

______________________________ 

______________________________ 

 JUDGES 

JAE/d1001 
[Cite as State v. Williard, 2011-Ohio-193.]

IN THE COURT OF APPEALS FOR HOLMES COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

JONATHAN WILLIARD : 

 : 

 Defendant-Appellant : CASE NO. 10CA002 

 For the reasons stated in our accompanying Memorandum-Opinion on file, the 

judgment of the Holmes County Court of Common Pleas is affirmed. Costs assessed to 

appellant. 

 _________________________________ 

 _________________________________ 

 _________________________________ 

 JUDGES