State v. Bishop
132 N.E.3d 145
Ohio Ct. App.2019Background
- Maurice Bishop pled guilty to three fifth-degree felonies (two counts in one case; one in another) and was sentenced to community control for each.
- Community-control conditions required compliance with laws, reporting arrests, and following probation officers' instructions.
- Probation filed multiple violation affidavits; Bishop admitted probable cause for certain violations and was placed on intensive supervision before further violations.
- The trial court revoked community control and imposed concurrent 11-month terms for the first case and a consecutive 11-month term for the second case, totaling 22 months in prison.
- The trial court concluded R.C. 2929.15(B)(1)(c)(i)’s 90-day limit on prison for technical violations of community control for a fifth-degree felony did not apply because Bishop was on community control for multiple fifth-degree felonies (reading “felony” in the statute as singular).
- The Twelfth District reversed, holding the statute’s singular wording does not limit the 90-day cap to defendants with only one fifth-degree felony and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2929.15(B)(1)(c)(i)’s 90‑day cap on prison for technical violations applies when the defendant is on community control for multiple fifth‑degree felonies | The state argued the 90‑day cap is inapplicable because the statute refers to a "felony" in the singular and Bishop had multiple fifth‑degree felonies | Bishop argued the 90‑day cap applies to defendants on community control for one or more fifth‑degree felonies | The court held the 90‑day limit applies even when the defendant is on community control for multiple fifth‑degree felonies; reversed and remanded for resentencing |
Key Cases Cited
- State v. D.B., 150 Ohio St.3d 452, 2017-Ohio-6952 (cautions against construing statutory singulars to exclude plurals; R.C. 1.43(A) directs singular includes plural)
- State v. Brandenburg, 146 Ohio St.3d 221, 2016-Ohio-2970 (standard for appellate review of felony sentences under R.C. 2953.08)
- State v. Morgan, 153 Ohio St.3d 196, 2017-Ohio-7565 (primary goal of statutory interpretation is to ascertain legislative intent)