[Cite as State v. Skeens, 2015-Ohio-445.]

IN THE COURT OF APPEALS OF OHIO 

SECOND APPELLATE DISTRICT 

MONTGOMERY COUNTY 

STATE OF OHIO 

Plaintiff-Appellee 

v. 

RONALD SKEENS 

Defendant-Appellant 

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C.A. CASE NO. 26257 

T.C. NO. 13CR3914/4 

(Criminal appeal from 

 Common Pleas Court) 

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O P I N I O N

Rendered on the __6th__ day of ___February___, 2015. 

. . . . . . . . . . . 

CARLEY J. INGRAM, Atty, Reg. No. 0020084, Assistant Prosecuting Attorney, 301 W. 

Third Street, 5th Floor, Dayton, Ohio 45422 

 Attorney for Plaintiff-Appellee 

 

WILLIAM O. CASS, Atty. Reg. No. 0034517, 135 West Dorothy Lane, Suite 209, 

Kettering, Ohio 45429 

 Attorney for Defendant-Appellant 

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DONOVAN, J. 

{¶ 1} Defendant-appellant Ronald Skeens appeals his conviction and sentence 

for one count for possession of heroin in violation of R.C. 2925.11(A), a fourth degree 

felony, and one count for possession of a drug abuse instrument in violation of R.C. 

2925.12(A), a second degree misdemeanor. Skeens filed his timely notice of appeal on 
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June 5, 2014. 

{¶ 2} On January 22, 2014, the Appellant was indicted for possession of heroin (> 

10 unit doses) and Possessing Drug Abuse Instruments. On March 26, 2014 Skeens filed 

a request for intervention in lieu of conviction under R.C. 2925.041, which the court, citing 

its earlier decision in State v. Dillon Ward, Montgomery C.P. No. 2013-CR-1423, 

overruled. At the time of the charges alleged in the indictment, Skeens was on community 

control sanctions, a fact that, under R.C. 2929.13(B)(1)(b)(iii), meant he did not qualify for 

the mandatory imposition of community control and which, in the trial court’s view, 

disqualified him for ILC. The Court informed Skeens, however, that in exchange for pleas 

of no contest to the charges in the indictment, it would follow the recommendation of the 

ILC report and place him on community control, which would preserve his ability to appeal 

the denial of ILC. Skeens pled no contest to both counts of the indictment and the court 

found him guilty. The Court placed Skeens on community control. 

{¶ 3} It is from this judgment that Skeens now appeals. 

{¶ 4} Skeens’ sole assignment of error is as follows: 

THE TRIAL COURT ERRED WHEN IT DENIED SKEENS’ MOTION FOR ILC 

WHILE ON PROBATION.

 

{¶ 5} The Court’s only basis for denying his motion for ILC was that Skeens was 

on misdemeanor probation in Xenia Municipal Court. In making its decision, the Court 

relied entirely upon its previous ruling in State v. Ward, Montgomery C.P. No. 

2013-CR-1423 (Oct. 25, 2013).1

 However, Ward was reversed by this Court on August 

15, 2014. State v. Ward, 2d Dist. Montgomery No. 25988, 2014-Ohio-3505. Based on 

 

1

Overturned by this Court’s prior jurisprudence in State v. Taylor, 2014-Ohio-2821, 15 

N.E.3d 900 (2d Dist.). 
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Ward and Taylor, committing the charged offenses while on community control sanctions 

for another offense meant that Skeens would not qualify for mandatory community control 

sanctions under R.C. 2929.13(B)(1)(a), but because R.C. 2929.13(B)(1)(b) and R.C. 

2929.13(B)(2) gave the trial court the discretion to impose community control sanctions if 

he were convicted, he was in fact eligible for ILC. For that reason, pursuant to Local Rule 

2.24, the State of Ohio gave notice that it does not contest the error argued by Skeens. 

We agree. Accordingly, this matter is reversed and remanded back for consideration of 

Skeens’ ILC application. 

 

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FAIN, J. and WELBAUM, J., concur. 

Copies mailed to: 

Carley J. Ingram 

William O. Cass 

Hon. Dennis J. Langer