2018 Ohio 88
Ohio Ct. App.2018Background
- In March 2014, Demetrius Brown pleaded guilty to multiple fifth-degree felonies (nine counts of criminal nonsupport and one count of theft).
- At a joint April 2014 sentencing, the court imposed six-month prison terms in each case to run consecutively for an aggregate 30-month term, then suspended those sentences and placed Brown on five years of community control.
- In October 2016, Brown was found to have violated his community control and the trial court ordered him to serve the previously imposed aggregate 30-month prison term (with credit for time served).
- Brown appealed, arguing (1) the trial court failed to notify him at the original sentencing of the specific prison term that could be imposed for a community-control violation and (2) consecutive terms were improper.
- The State conceded the transcript showed the required R.C. 2929.19(B)(4) advisement was not given at sentencing and asked the court to vacate and remand for resentencing.
- The appellate court vacated Brown’s prison sentence and remanded, holding the trial court may not impose a prison term for the violation because it failed to give the statutorily required pre-violation notice; resentencing must proceed without prison as an option under R.C. 2929.15(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with R.C. 2929.19(B)(4) by notifying Brown at sentencing of the specific prison term that could be imposed for community-control violation | State conceded the trial court did not provide the required specific prison-term notice and requested vacatur and remand | Brown argued the court erred by imposing prison when it had not given the required notice at the original sentencing | Court held the trial court failed to notify Brown as required; vacated the prison sentence and remanded for resentencing without prison as an option under R.C. 2929.15(B) |
| Whether, despite any notice error, the trial court could impose consecutive prison terms on revocation | N/A (State conceded error and sought remand) | Brown challenged the legality of consecutive terms imposed on revocation | Court found this issue moot because the primary error required vacatur and remand; consecutive-term challenge need not be decided |
Key Cases Cited
- State v. Brooks, 814 N.E.2d 837 (Ohio 2004) (requires trial courts to notify offenders at original sentencing of the specific prison term that may be imposed for community-control violations; absent such notice, a prison term may not be imposed on later violation)