State v. Edwards
2012 Ohio 4443
Ohio Ct. App.2012Background
- Defendant Joshua Edwards was indicted in Greene County on multiple cocaine trafficking counts, aggravated possession of drugs, and possession of criminal tools.
- Edwards pled guilty to all counts in exchange for a seven-year mandatory sentence and notification that post-release control (PRC) could attach.
- At sentencing in 2005, the court advised that PRC was mandatory up to three years for some counts and optional for others.
- In 2011, the State moved to correct PRC terms under R.C. 2929.191 and Singleton, seeking a de novo hearing to recite proper PRC terms before release.
- A de novo hearing occurred in December 2011; the court clarified PRC terms: optional for Counts I and IV, mandatory for Counts II and III for three years.
- The judgment entry described PRC terms with a phrase including “which with mandatory Post Release Control for 3 years,” prompting Edwards to challenge whether the entry was coherent and enforceable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment entry properly states PRC terms | Edwards contends the wording 'which with' creates incoherence, requiring nunc pro tunc correction. | State argues the entry clearly shows three-year mandatory PRC for Counts II–III despite the misplaced word. | Judgment entry is clear; PRC terms are correct and mandatory for Counts II–III; no correction needed. |
Key Cases Cited
- State v. Terry, 2010-Ohio-5391 (2d Dist. Darke No. 2009CA05) (requires proper PRC notification and journalization under Crim.R. 32(C))
- State v. Bloomer, 2009-Ohio-2462 (Ohio 122) (post-release control mandates; alignment with statutory terms)
- State v. Renner, 2011-Ohio-502 (2d Dist. Montgomery No. 24019) (voids occur when PRC is not properly imposed)
- State v. Fischer, 2010-Ohio-6238 (Ohio 8) (proper imposition of PRC terms; analyze journalization)
- State v. Gonzalez, 2009-Ohio-5759 (9th Dist. Lorain No. 09CA9528) (invalid language when implying discretion over mandatory term)
- Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (pre-July 11, 2006 de novo sentencing framework for PRC)