2022 Ohio 2373
Ohio Ct. App.2022Background
- Davis was indicted in two Montgomery County cases on charges including aggravated vehicular homicide (first-degree felony), OVI, and having weapons while under disability (third-degree felony).
- On October 7, 2021, Davis pleaded guilty pursuant to a plea agreement: guilty to aggravated vehicular homicide and one OVI count in Case No. 2021-CR-852, and guilty to having weapons while under disability in Case No. 2021-CR-2228; remaining counts were dismissed.
- At the plea hearing the trial court orally advised Davis about postrelease-control (PRC) obligations and sanctions; the court accepted the pleas and scheduled sentencing.
- At the October 22, 2021 sentencing hearing the court imposed concurrent prison terms (indefinite 5–7.5 years for aggravated vehicular homicide; three years for weapons under disability; six days for OVI concurrent), but did not orally notify Davis of PRC or consequences of violating PRC at that sentencing hearing.
- The written sentencing entries did notify Davis of PRC, and the trial court stated at sentencing that PRC had been covered at the plea hearing; the State conceded the sentencing error on appeal.
- The appellate court held the trial court erred by failing to provide the statutorily required PRC advisals at the sentencing hearing, reversed as to PRC, and remanded for a limited resentencing solely to impose PRC; all other aspects of the judgment were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by failing to orally notify the offender at the sentencing hearing of postrelease-control obligations and consequences of violating PRC | State concedes the court failed to give required advisals at sentencing | Davis argues omission renders PRC imposition defective and requires setting aside PRC and limited resentencing | Court held the failure was error; reversed as to PRC and remanded for limited resentencing to properly impose PRC; remainder of sentence affirmed |
Key Cases Cited
- State v. Grimes, 85 N.E.3d 700 (Ohio 2017) (trial court must incorporate oral PRC advisals into the sentencing entry after providing them at sentencing)
- State v. Jordan, 817 N.E.2d 864 (Ohio 2004) (trial court has statutory duty to advise offender at sentencing hearing of PRC)
- State v. Harper, 159 N.E.3d 248 (Ohio 2020) (error in imposing PRC renders the judgment voidable and permits sentence to be set aside on direct appeal)