State v. Ferris
2017 Ohio 5664
| Ohio Ct. App. | 2017Background
- In June 2016 Charles A. Ferris was investigated and admitted to prolonged sexual contact with a 9-year-old; he was indicted on 54 counts of rape.
- Ferris pleaded guilty pursuant to a negotiated plea and the State dismissed the remaining counts; he was sentenced on two first-degree rape counts to concurrent terms of 25 years to life.
- The sentencing journal entry included a mandatory five-year period of post-release control, but the trial court did not orally notify Ferris of post-release control at the sentencing hearing.
- Ferris appealed solely arguing the trial court’s failure to advise him of post-release control rendered his conviction partially void.
- The State conceded the sentencing hearing lacked the required oral post-release control advisement but noted Ferris had been told about post-release control at the plea hearing.
- The Fourth District found the lack of oral advisement at sentencing voided only the post-release control portion of the sentence and remanded for resentencing limited to that issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to orally advise defendant of mandatory post-release control at sentencing renders conviction or sentence void | State: defendant was informed of post-release control at the plea hearing and judgment entry properly included post-release control | Ferris: trial court failed to advise him of post-release control at sentencing, so that portion of his sentence is void | Court: oral advisement at sentencing is required; plea hearing notice does not substitute; only the post-release control portion is void and remand for resentencing on that issue is required |
Key Cases Cited
- State v. Kalish, 896 N.E.2d 124 (Ohio 2008) (guidance on when a sentence is contrary to law)
- State v. Jordan, 817 N.E.2d 864 (Ohio 2004) (trial court must notify offender at sentencing hearing and journal entry about post-release control)
- State v. Fischer, 942 N.E.2d 332 (Ohio 2010) (failure to provide required notification renders that portion of sentence void)
- State v. Holdcroft, 1 N.E.3d 382 (Ohio 2013) (when part of sentence is void, only the offending portion is subject to correction)