State v. Chasteen
2013 Ohio 3573
Ohio Ct. App.2013Background
- In Oct. 2007 Adam D. Chasteen was convicted after a bench trial of kidnapping, intimidation, and assault and sentenced Nov. 27, 2007 to five years imprisonment plus postrelease control.
- The sentencing entry incorrectly stated the conviction resulted from a jury verdict (not a bench trial) but otherwise included the substantive elements required by Crim.R. 32(C).
- The sentencing entry also misdescribed postrelease control as "up to" five years and the court did not advise at the sentencing hearing that violation could result in a prison term up to one-half of the original term.
- Chasteen completed his prison term and was released in Sept. 2012, then moved to vacate imposition of postrelease control for faulty notification. The trial court denied the motion.
- The court of appeals affirmed that the clerical error about the manner of conviction did not void the judgment but concluded the defective oral notification at sentencing required vacatur of postrelease control because Chasteen had completed his prison term and the statutory remedial procedure could not be applied after release.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Chasteen) | Held |
|---|---|---|---|
| Whether the sentencing entry's incorrect statement that conviction was by jury (vs. bench trial) renders the judgment nonfinal/void under Crim.R. 32(C) | Entry is substantially compliant and final because it contains the fact of conviction, sentence, judge's signature, and journal entry | The misstatement violates Crim.R. 32(C) and renders the judgment nonfinal, requiring vacatur of postrelease control | Entry met Crim.R. 32(C) substantive requirements; manner of conviction is a clerical/formal matter. Judgment is final; clerical correction by nunc pro tunc ordered. |
| Whether failure at sentencing to advise that parole board may impose up to half the original prison term for violating postrelease control voids that portion of the sentence | R.C. amendments and parole-board notice provisions can cure notification defects; postrelease control may still stand | Court's failure to give required oral advisement at sentencing voids that part of the sentence and mandates vacatur if offender already served term | Court held failure to advise at sentencing renders that part of sentence void; because defendant already completed imprisonment, postrelease control must be vacated. |
| Whether the trial court can correct postrelease-control notification defects after defendant has been released (via R.C. 2929.191 or nunc pro tunc) | Legislative remedial procedures allow correction before release; if parole board gives notice, authority remains | Once imprisonment is completed, sentencing defects cannot be corrected to impose postrelease control | Remedial statute (2929.191) applies only before release; nunc pro tunc correction cannot be used after release to impose postrelease control. Vacatur required. |
Key Cases Cited
- State v. Baker, 119 Ohio St.3d 197 (Ohio 2008) (Crim.R.32(C) requires journal entry to memorialize sentence and manner of conviction as a matter of form)
- State v. Lester, 130 Ohio St.3d 303 (Ohio 2011) (Crim.R.32(C) requires fact of conviction, sentence, judge’s signature, and journal entry; manner of conviction is form, not substantive)
- State v. Bloomer, 122 Ohio St.3d 200 (Ohio 2009) (sentencing court must impose postrelease control; parole-board notices do not authorize judicial imposition after sentence completion)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (failure to advise at sentencing of consequences for violating postrelease control renders that part of sentence void)
- State v. Bezak, 114 Ohio St.3d 94 (Ohio 2007) (postrelease control must be vacated where offender was improperly notified at sentencing and has completed the prison term)
- State v. Qualls, 131 Ohio St.3d 499 (Ohio 2012) (distinguishes silent sentencing entries from defective ones; some entry defects may be corrected before release but oral-notice defects at sentencing that coincide with completion of term require vacatur)