State v. Douse
2013 Ohio 254
Ohio Ct. App.2013Background
- Douse pleaded guilty in 1998 to multiple sexual offenses and was sentenced to 13 years in prison.
- On remand, the trial court found the three illegal-use-of-minor-in-nudity-oriented-material counts were not allied offenses and resentenced Douse.
- On another remand, the court again sentenced him to 13 years with a postrelease-control clause framed as postrelease control being part of the sentence for the maximum period under ORC 2967.28.
- Douse was released from prison in 2011 and placed on postrelease control; he moved to vacate postrelease control as void for failing to impose the mandatory five-year term.
- The trial court denied the motions to vacate; the court of appeals holds the postrelease-control imposition was void, vacates it, and remands for the trial court to note that Douse cannot be resentenced and is not subject to postrelease control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether postrelease control remains void without proper five-year term | Douse argued postrelease control was void. | State contended res judicata bars review of a successive petition. | Postrelease control void; remanded for vacating and noting no resentencing. |
Key Cases Cited
- State v. Stallings, 8th Dist. No. 97480, 2012-Ohio-2925 (8th Dist. 2012) (postrelease control void for missing five-year term in entry)
- State v. Bloomer, 122 Ohio St.3d 200, 2009-Ohio-2462 (Ohio Supreme Court 2009) (void sentence; cannot be corrected by resentencing after term served)
- State v. Fischer, 128 Ohio St.3d 92, 2010-Ohio-6238 (Ohio 2010) (void sentence not barred by res judicata; Fischer applies to void sentences)
- State v. Holcomb, 184 Ohio App.3d 577, 2009-Ohio-3187 (9th Dist. 2009) (courts must recognize and vacate void sentences)
- Bezak, 114 Ohio St.3d 94, 2007-Ohio-3250 (Ohio Supreme Court 2007) (after term served, court cannot correct by resentencing)
- Hernandez v. Kelly, 108 Ohio St.3d 395, 2006-Ohio-126 (Ohio Supreme Court 2006) (habeas corpus not proper for improper postrelease control)
- State v. Boswell, 121 Ohio St.3d 575, 2009-Ohio-1577 (Ohio Supreme Court 2009) (Holcomb relied on Boswell; void sentences vacated)
- State v. Simpkins, 117 Ohio St.3d 420, 2008-Ohio-1197 (Ohio Supreme Court 2008) (supports void-sentence approach overlapping with Fischer)