State v. Douglas
2011 Ohio 2380
Ohio Ct. App.2011Background
- Douglas pleaded guilty to two burglary counts and one attempted burglary, receiving a two-year prison term.
- The court suspended the sentence and placed Douglas on community control.
- Douglas violated community control; the court re-imposed the two-year sentence.
- Nine months later, the court granted judicial release; Douglas later violated the release and was returned to prison.
- In July 2010, Douglas moved to terminate post-release control, arguing it was not properly imposed in the sentencing entry; the court denied.
- The court partially vacated the post-release-control portion of the sentence, remanding for discharge from post-release control and noting no re-sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-release control was properly imposed. | Douglas contends the sentencing entry failed to include post-release-control consequences. | State maintains proper imposition occurred and post-release control remains valid. | Post-release-control portion is void and must be vacated. |
| Remedy when post-release control is void after completion of term. | Bezak/Bloomer guidance prevent re-imposition after term completion; no remand possible. | Remedy aims to fix the void imposition without undoing intact portions. | Because Douglas completed his term, cannot re-sentence; the void portion is vacated and discharge ordered. |
| Appropriate disposition on remand. | Discharge from post-release control should be noted on record. | Proceed as directed in vacancy/remand decisions. | Remand for discharge from post-release control; rest of sentence remains intact. |
Key Cases Cited
- State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (void post-release-control misimposition remedy; partial vacatur recognized)
- State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (void sentence for improper post-release control; later limits to void portion)
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (partial vacatur of post-release-control imposition preserved elsewhere)
- State v. Summers, 2011-Ohio-1862 (9th Dist.) (court's inherent power to vacate void judgment in post-release context)
- State v. Ortiz, 9th Dist. No. 08CA009502, 2010-Ohio-38 (9th Dist.) (post-release control not required where only community control is imposed)
- State v. Bloomer, 122 Ohio St.3d 200 (2009-Ohio-2462) (cannot re-sentence after term completion to correct post-release-control error)
- State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (Bezak framework for correcting post-release-control errors)