2018 Ohio 2684
Ohio Ct. App.2018Background
- Kenneth E. Bolden pleaded guilty (Mar. 8, 2002) to felonious assault (2nd-degree) and aggravated robbery (1st-degree).
- At plea hearing the court told Bolden he faced "up to" five years of post-release control if imprisoned.
- The court sentenced Bolden to 8 years (felonious assault) plus a consecutive 3 years (aggravated robbery). The court did not state post-release control during sentencing hearing.
- The written judgment entry recited: "post-release control is mandatory in this case up to a maximum of 5 years."
- Bolden completed his prison term on July 23, 2017, then moved (Oct. 18, 2017) to vacate his post-release control; the trial court denied the motion.
- The State conceded the oral and journal advisals were defective; the appellate court reversed and remanded, ordering vacatur of post-release control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court validly imposed mandatory post-release control | State: Court's journal and hearing satisfied requirements | Bolden: Court's advisals were ambiguous ("up to" five years) and thus invalid | Court: Advisal "up to" five years is insufficient; post-release control advisory invalid |
| Whether, after completion of sentence, the court may resentence to correct defective post-release control | State: If advisory defective, court must correct | Bolden: Resentencing impossible because sentence served; relief should be vacatur | Court: If sentence already served, resentencing to impose post-release control is not permitted; relief here is vacatur |
Key Cases Cited
- State v. Jordan, 817 N.E.2d 864 (Ohio 2004) (trial court must provide notice of post-release control at sentencing hearing and include it in journal entry)
- State v. Grimes, 85 N.E.3d 700 (Ohio 2017) (valid post-release control requires journal entry stating discretionary/mandatory status, duration, and APA administration/penalties)
- State v. Bezak, 868 N.E.2d 961 (Ohio 2007) (court may resentence to correct post-release control errors if defendant still serving sentence)
- State v. Qualls, 967 N.E.2d 718 (Ohio 2012) (if defendant completed sentence before correction, post-release control cannot be imposed)
- Hernandez v. Kelly, 844 N.E.2d 301 (Ohio 2006) (reinforces that post-release control must be imposed before completion of prison term to be valid)