State v. Collins
2013 Ohio 3485
Ohio Ct. App.2013Background
- Collins pled guilty to a reduced charge of trafficking in marijuana, a third-degree felony, on July 28, 2011, and was sentenced to five years with court costs, but the court failed to advise that nonpayment could lead to community service.
- Collins appealed, arguing the failure to give R.C. 2947.23(A)(1) notice rendered the sentence contrary to law; initial appellate result found issue not ripe, then the Ohio Supreme Court remanded for compatibility with State v. Smith.
- On remand, the appellate court held that mandatory notice renders the sentence contrary to law if not provided, vacated costs, and remanded for resentencing.
- HB 86 became effective September 30, 2011, reducing the maximum term for third-degree felonies from five years to 36 months, affecting resentencing.
- Before resentencing, Collins moved to withdraw his guilty plea, claiming it was not knowingly, intelligently, and voluntarily entered and alleging ineffective assistance; the motion was positioned as pre- or post-sentencing in various pleadings.
- At resentencing (October 16, 2012), the court re-imposed the original five-year term, advised about possible community service for costs, and Collins appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the original sentence was void due to improper notification | Collins | Collins | Original sentence not void; only the costs component void; HB 86 inapplicable |
| Whether the trial court erred by dismissing the motion to withdraw the guilty plea before resentencing | Collins | Collins | Trial court erred; remanded to rule on the postsentence motion to withdraw |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (sentencing issues when a prior judgment may be void)
- State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (1978) (divestiture of trial court jurisdiction after notice of appeal, with remand to proceed)
- State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (postrelease-control and void-sentence considerations)
- State v. Smith, 131 Ohio St.3d 297 (2012-Ohio-781) (sentencing notifications and application to resentencing)