State v. Farris
2021 Ohio 2135
| Ohio Ct. App. | 2021Background:
- Bret Farris was indicted and pled guilty to three counts of telecommunications harassment and one count of violating a protective order; other counts were dismissed.
- On August 7, 2018 the trial court sentenced Farris to five years of community control with a reserved 3‑year prison term for violation; judgment entered that day.
- This court vacated the conviction in a prior appeal because the trial court accepted the plea before holding a competency hearing (remand), and 526 days elapsed between the original sentence and the appellate decision.
- On remand Farris pled guilty again on September 21, 2020 and was re‑sentenced to five years of community control (judgment Sept. 22, 2020).
- Farris sought 526 days’ credit toward the reimposed community control to avoid exceeding the five‑year statutory maximum; the trial court denied the requested credit and Farris appealed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Farris is entitled to 526 days credit on the reimposed 5‑year community control so the overall sanction does not exceed R.C. 2929.15(A)’s five‑year limit | State agreed credit should be given and requested reversal/remand | Farris argued the 526 days previously spent on community control must be credited so the total community control does not exceed five years | Court held no statutory authority mandates credit for time spent on non‑confinement community control; reimposed five‑year sanction did not exceed the statute on its face and denial of credit was not plain error |
| Whether the claim was forfeited by failure to object at sentencing and thus subject only to plain‑error review | State noted procedural posture (did not assert forfeiture as dispositive) | Farris did not object at sentencing and thus limited to plain‑error review | Court applied plain‑error standard and found no plain error because statutes limit credit to periods of confinement and no statutory mechanism required the requested credit |
Key Cases Cited
- State v. Reed, 162 Ohio St.3d 554, 2020-Ohio-4255, 166 N.E.3d 1106 (Ohio 2020) (credit for time served limited to days spent in confinement in a public or private facility)
- State v. Anderson, 143 Ohio St.3d 173, 2015-Ohio-2089, 35 N.E.3d 512 (Ohio 2015) (sentencing is statutory; trial courts may impose only legislatively authorized sentences)
- State v. Barnes, 94 Ohio St.3d 21, 759 N.E.2d 1240 (Ohio 2002) (plain‑error standard requires an error that affected substantial rights)
- State v. Hill, 92 Ohio St.3d 191, 749 N.E.2d 274 (Ohio 2001) (plain‑error doctrine to be applied sparingly)
- Commissioners of Montgomery County v. Carey, 1 Ohio St. 463 (Ohio 1853) (on remand the lower court must proceed from the point where error occurred)