2012 Ohio 3550
Ohio Ct. App.2012Background
- Creel was convicted by a Summit County jury of two counts of murder with firearm specifications, improper discharging a firearm into a habitation, tampering with evidence, and felonious assault, and sentenced to 20 years to life with a Christmas-day solitary confinement condition.
- This Court remanded for allied offenses consideration under State v. Johnson, leading to resentencing.
- At resentencing the court dismissed counts 3, 4, and 6 as allied offenses and again imposed a total sentence of 20 years to life.
- The court ordered Creel to spend every Christmas Eve in solitary confinement during incarceration, a provision the court had no statutory authority to impose.
- The sole assignment of error challenged the solitary-confinement condition; the State conceded and the court agreed the provision was improper.
- Appellate review vacated the solitary-confinement condition and remanded for resentencing, and remanded for proper post-release control imposition on the tampering with evidence conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is solitary confinement authorized by statute? | Creel | Creel | Solitary confinement is unlawful; vacate and remand |
| Was post-release control properly imposed for tampering with evidence? | State | Creel | Post-release control void; remand to properly impose |
Key Cases Cited
- State v. Wilson, 129 Ohio St.3d 214 (2011) (vacate unlawful sentence and remand for new sentencing when contrary to law)
- State v. Saxon, 109 Ohio St.3d 176 (2006) (allied offenses and sentencing considerations)
- State v. Yirga, 2002-Ohio-2832 (3d Dist.) (solitary confinement and related sentencing limitations)
- State v. Wright, 9th Dist. No. 24610, 2009-Ohio-6081 (2009) (special felony and post-release control considerations)
- State v. Mendoza, 2011-Ohio-1971 (6th Dist.) (solitary confinement and sentencing constraints)
- State v. Williams, 2007-Ohio-5073 (8th Dist.) (solitary confinement and sentencing constraints)
- State v. Grooms, 2011-Ohio-6062 (9th Dist.) (voiding improper post-release control impositions)
- State v. Fischer, 2010-Ohio-6238 (Supreme) (post-release control framework after sentencing)