State ex rel. Favors v. Cuyahoga Cty. Court of Common Pleas
2012 Ohio 1648
Ohio Ct. App.2012Background
- Relator Glenn Favors pled guilty to attempted robbery in Cuyahoga Cty. C.P. No. CR-540083 and was sentenced to three years on November 29, 2010.
- Favors sought mandamus to compel a sentence reduction to 24 months under R.C. 2929.14(A)(3)(b).
- R.C. 2929.14(A)(3)(b) lists possible prison terms for certain third-degree felonies; the section was added by 2011 Am.Sub.H.B. No. 86.
- HB 86 became effective September 30, 2011; questions arise whether amendments apply to pre-effective-date sentences.
- The trial court sentenced Favors before the effective date of HB 86, rendering the amendments potentially inapplicable.
- This court held amendments do not apply to pre–September 30, 2011 sentences, and mandamus relief is denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do HB 86 amendments apply to pre‑effective‑date sentences? | Favors contends the new range applies to his sentence. | Amendments do not retroactively apply to sentences imposed before September 30, 2011. | Amendments do not apply to pre‑effective‑date sentences. |
| Does Favors have a clear legal right to sentence reduction? | Sentence should be reduced to 24 months as the middle of the new range. | No right to modification since amendments do not apply to his case. | Relator lacks a clear legal right to reduction. |
| Is mandamus proper relief to compel sentence reduction in this context? | Mandamus should compel reduction to 24 months. | Mandamus is improper where there is no legal right or duty to act. | Mandamus relief denied; complaint dismissed. |
Key Cases Cited
- State v. Lindsey, 8th Dist. No. 96601, 2012-Ohio-804 (Ohio 2012) (amendments not applied to pre‑effective‑date sentences)
- State v. Calliens, 8th Dist. No. 97034, 2012-Ohio-703 (Ohio 2012) (amendments not retroactive to earlier sentences)
- State v. Ward, 8th Dist. No. 97219, 2012-Ohio-1199 (Ohio 2012) (application of amendments limited by effective date)
- State v. Fields, 5th Dist. No. CT11-0037, 2011-Ohio-6044 (Ohio 2011) (affirming denial of sentence-modification under HB 86)