State v. Cottrell
2012 Ohio 2634
Ohio Ct. App.2012Background
- Cottrell was convicted by jury on multiple first-degree felonies and attempted murders in 2002, with firearms and gang-specifications, and received a sentence including postrelease control terms.
- The trial court sentenced four first-degree felonies to five years of postrelease control, in addition to the prison terms, stating postrelease control was part of the sentence.
- Cottrell challenged the sentence on direct appeal and this court affirmed the conviction and sentence in 2003.
- In August 2011, Cottrell moved to void the judgment, arguing the mandatory postrelease-control terms were not properly imposed and the May 2, 2002 journal entry was not a final, appealable order.
- The trial court denied the motion in November 2011; the Court of Appeals reverses and remands for limited resentencing to correctly impose postrelease control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether postrelease control was properly imposed | Cottrell | Cottrell | Remanded for proper imposition of postrelease control |
| Whether the judgment of conviction was final and appealable | Cottrell | Cottrell | Overruled; judgment timely appealed previously |
Key Cases Cited
- State ex rel. Carnail v. McCormick, 126 Ohio St.3d 124 (Ohio Supreme Court, 2010) (postrelease-control mandatory language)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio Supreme Court, 2010) (limited/mandates for postrelease control)