2021 Ohio 2589
Ohio Ct. App.2021Background:
- In 2014 Drake was involved in two separate incidents: a large bar fight (inciting/agitared riot charges) and a subsequent shooting in which a third party fired 19 shots, killing one person and injuring another; indictments on multiple felonies and firearm specifications followed.
- In February 2015 Drake entered a single plea agreement resolving both cases: he pled to involuntary manslaughter (amended from murder) and to an inciting-to-violence count; the state dismissed the remaining counts and all firearm specifications.
- The plea agreement expressly conditioned the plea on an agreed prison term of five, six, or seven years for the involuntary manslaughter count; the plea colloquy and sentencing hearing repeatedly described that agreed term as binding/mandatory.
- The trial court sentenced Drake to seven years for involuntary manslaughter, consecutive to two years for the merged inciting count; the written sentencing entry did not label the seven-year term as "mandatory."
- In 2020 Drake filed motions for judicial release; a successor judge—without the plea/sentencing transcripts—found Drake served a nonmandatory sentence and granted judicial release; the state appealed.
- The appellate court reviewed the plea and sentencing transcripts, concluded the agreed five–seven year term was an express mandatory term of the plea agreement, reversed the grant of judicial release, and ordered a nunc pro tunc entry reflecting the agreed mandatory sentence.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether Drake was an "eligible offender" under R.C. 2929.20(A)(1) (i.e., serving only nonmandatory term) | The plea agreement required an agreed, mandatory 5–7 year term for involuntary manslaughter, making Drake ineligible for judicial release | The sentencing journal entry did not state the sentence was mandatory and the release court lacked plea/sentencing transcripts; therefore sentence was nonmandatory and eligible | Reversed: plea colloquy and sentencing colloquy show the 5–7 year term was an express agreed/mandatory condition of the plea; Drake is ineligible for judicial release; remanded for nunc pro tunc entry |
Key Cases Cited
- State v. Sykes, 124 N.E.3d 406 (8th Dist. 2018) (an agreed-upon sentence in a plea can be mandatory and bar eligibility for judicial release; courts may enforce the agreement based on the plea colloquy even if the journal entry omits the word "mandatory")
- State v. Butts, 112 Ohio App.3d 683 (8th Dist. 1996) (plea agreements are contractual and must be explicit; contract-law principles govern enforcement)