[Cite as State v. Blair, 2012-Ohio-1112.]

COURT OF APPEALS 

DELAWARE COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : JUDGES: 

 : Hon. Patricia A. Delaney, P.J. 

Plaintiff-Appellee : Hon. William B. Hoffman, J. 

 : Hon. Sheila G. Farmer, J. 

-vs- : 

 : 

SCOTT A. BLAIR : Case No. 11CAA070069 

 : 

Defendant-Appellant : O P I N I O N

CHARACTER OF PROCEEDING: Appeal from the Court of Common 

Pleas, Case No. 11CRI030150 

JUDGMENT: Affirmed 

DATE OF JUDGMENT March 12, 2012 

APPEARANCES: 

For Plaintiff-Appellee For Defendant-Appellant 

ERIC C. PENKAL JEFFREY P. UHRICH 

140 North Sandusky Street P.O. Box 1977 

3rd Floor Westerville, OH 43086 

Delaware, OH 43015 
Delaware County, Case No. 11CAA070069 2 

Farmer, J. 

{¶1} On March 18, 2011, the Delaware County Grand Jury indicted appellant, 

Scott Blair, on two counts of sexual battery in violation of R.C. 2907.03. 

{¶2} On May 18, 2011, appellant filed a suggestion of incompetency. A 

competency evaluation was conducted and a hearing was held on June 29, 2011. By 

judgment entry filed June 30, 2011, the trial court found appellant to be incompetent and 

restorable, and ordered him to be committed to the Twin Valley Behavioral Center for 

restoration. 

{¶3} Appellant filed an appeal and this matter is now before this court for 

consideration. Assignment of error is as follows: 

I 

{¶4} "THE TRIAL [COURT] ERRED WHEN IT CONCLUDED THAT, 

PURSUANT TO R.C. 2945.38(F), THAT THERE WAS SUFFICIENT EVIDENCE 

CONTAINED IN THE FORENSIC EXAMINER'S REPORT TO SUPPORT A FINDING 

THAT THERE WAS A 'SUBSTANTIAL PROBABILITY' THAT 

DEFENDANT/APPELLANT WILL BECOME COMPETENT WITH A COURSE OF 

TREATMENT." 

I 

{¶5} Appellant claims the trial court erred in determining there was sufficient 

evidence to find a substantial probability that he would become competent within one 

year with a course of treatment. We disagree. 

{¶6} R.C. 2945.38(B)(1)(a) states the following: 
Delaware County, Case No. 11CAA070069 3 

{¶7} "If, after taking into consideration all relevant reports, information, and 

other evidence, the court finds that the defendant is incompetent to stand trial and that 

there is a substantial probability that the defendant will become competent to stand trial 

within one year if the defendant is provided with a course of treatment, the court shall 

order the defendant to undergo treatment. If the defendant has been charged with a 

felony offense and if, after taking into consideration all relevant reports, information, and 

other evidence, the court finds that the defendant is incompetent to stand trial, but the 

court is unable at that time to determine whether there is a substantial probability that 

the defendant will become competent to stand trial within one year if the defendant is 

provided with a course of treatment, the court shall order continuing evaluation and 

treatment of the defendant for a period not to exceed four months to determine whether 

there is a substantial probability that the defendant will become competent to stand trial 

within one year if the defendant is provided with a course of treatment." 

{¶8} Appellant argues the report of Jane Speicher-Bocija, Ph.D did not include 

in its forensic conclusion a finding that there was a "substantial probability" that he will 

become competent to stand trial within one year if he is provided with a course of 

treatment. Appellant argues Dr. Speicher-Bocija's conclusion that it is "likely good" that 

he could be restored to competency within the time frame required by law is not legally 

sufficient to justify the trial court's decision. 

{¶9} Throughout her report, Dr. Speicher-Bocija makes references to 

appellant's ability to historically relate facts correctly, his ability to respond appropriately 

to interview questions, and his logical and linear thinking. (Sealed Exhibit 1). 
Delaware County, Case No. 11CAA070069 4 

{¶10} As the cited statute indicates, it is the trial court's decision as to restoration 

to competency given "any relevant reports, information, and other evidence." The trial 

court acknowledged Dr. Speicher-Bocija's failure to use the "magic words" of 

"substantial probability," but found the report sufficiently related to "substantial 

probability: 

{¶11} "All right. Based on that report, the Court would find Mr. Blair is not 

presently seriously mentally ill, that he does not understand the nature and the objective 

of the proceedings against him, at present he cannot assist in his own defense. 

{¶12} "However, although the report says a likelihood of restoring to 

competency, the statute says substantial probability - - great likelihood with a 

substantial probability that he could become competent to stand trial within one year if 

he was provided with a course of treatment. Therefore, the Court orders Mr. Blair to 

undergo treatment to restore his competency for a period of six months in that the most 

serious offense here is a sexual battery, felony of the third degree." 

{¶13} Upon review, we find this reasoning is supported from the references in 

the report to appellant's cognitive skills. The trial court did not err in its decision. 

{¶14} The sole assignment of error is denied. 

 
Delaware County, Case No. 11CAA070069 5 

{¶15} The judgment of the Court of Common Pleas of Delaware County, Ohio is 

hereby affirmed. 

By Farmer, J. 

Delaney, P.J. and 

Hoffman, J. concur. 

 

 

 

 s/ Sheila G. Farmer_____________ 

 

 s/ Patricia A. Delaney____________ 

 _s/ William B. Hoffman_________ 

 JUDGES 

SGF/sg 228
[Cite as State v. Blair, 2012-Ohio-1112.]

IN THE COURT OF APPEALS FOR DELAWARE COUNTY, OHIO 

FIFTH APPELLATE DISTRICT 

STATE OF OHIO : 

 : 

 Plaintiff-Appellee : 

 : 

-vs- : JUDGMENT ENTRY 

 : 

SCOTT A. BLAIR : 

 : 

 Defendant-Appellant : CASE NO. 11CAA070069 

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

judgment of the Court of Common Pleas of Delaware County, Ohio is affirmed. Costs to 

appellant. 

 s/ Sheila G. Farmer_____________ 

 

 s/ Patricia A. Delaney____________ 

 _s/ William B. Hoffman_________ 

 JUDGES