2014 Ohio 4688
Ohio Ct. App.2014Background
- Burroughs pleaded guilty on February 11, 2008 to drug trafficking (R.C. 2925.03), a first-degree felony with a mandatory three-to-ten-year term, under a plea agreement for six years.
- At sentencing, the court advised Burroughs that he would be subject to postrelease control for five years and explained consequences for violations.
- The sentencing journal entry stated that postrelease control was part of the sentence for five years under R.C. 2967.28.
- Burroughs completed his sentence and was released May 4, 2013, then placed on postrelease control.
- On February 10, 2014, Burroughs moved to terminate postrelease control because the journal entry failed to state the consequences for violation; the court denied the motion and Burroughs appealed.
- The Eighth District reversed, holding that without proper notice of consequences in the journal entry, postrelease control was void and could not be imposed after Burroughs had completed his sentence; remanded to terminate postrelease control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to include postrelease-consequences in the journal entry voids postrelease control | Burroughs: journal entry omission voids the imposition | State: oral notice at sentencing suffices, journal entry language satisfies notice | Yes; sentencing entry void; terminate postrelease control |
Key Cases Cited
- Elliott v. State, State v. Elliott, 8th Dist. Cuyahoga No. 100404, 2014-Ohio-2062 (2014-Ohio-2062) (notice must be in the journal entry, not only oral at sentencing)
- Mills v. State, State v. Mills, 8th Dist. Cuyahoga No. 100417, 2014-Ohio-2188 (2014-Ohio-2188) (notice of/postrelease control consequences insufficient in entry)
- Lawson v. State, State v. Lawson, 8th Dist. Cuyahoga No. 100626, 2014-Ohio-3498 (2014-Ohio-3498) (voids where entry lacks consequences for violation of postrelease control)
- Pyne v. State, State v. Pyne, 8th Dist. Cuyahoga No. 100580, 2014-Ohio-3037 (2014-Ohio-3037) (entry missing violation consequences renders postrelease control void)
- Middleton v. State, State v. Middleton, 8th Dist. Cuyahoga No. 99979, 2013-Ohio-5591 (2013-Ohio-5591) (entry language insufficient for notice of consequences)
- Viccaro v. State, State v. Viccaro, 8th Dist. Cuyahoga No. 99816, 2013-Ohio-3437 (2013-Ohio-3437) (similar defect voids postrelease control notice)
- Clark v. State, State v. Clark, 2d Dist. Clark No. 2012 CA 16, 2013-Ohio-299 (2013-Ohio-299) (district recognition of notice issues in postrelease-control in journal entry)
- Darks v. State, State v. Darks, 10th Dist. Franklin No. 12AP-578, 2013-Ohio-176 (2013-Ohio-176) (recognizes notice deficiencies in journal entries as fatal to postrelease control)
- Murray v. State, State v. Murray, 6th Dist. Lucas No. L-10-1059, 2012-Ohio-4996 (2012-Ohio-4996) (reference to statutes in sentencing entry insufficient for notice)