2021 Ohio 3845
Ohio Ct. App.2021Background
- Malcolm Fields was indicted on two counts of fourth-degree OVI (three-or-more prior offenses), convicted by a jury, and the counts were merged.
- At sentencing the court imposed 120 days plus an additional 30 months in prison on the surviving count, yielding an aggregate term of 34 months.
- Fields appealed; this court initially affirmed. Fields sought reopening of his direct appeal raising multiple ineffective-assistance and sentencing-post-release-control claims; the court reopened limited to aggregate sentence and post-release control issues.
- The trial court orally advised Fields he could be subject to up to three years of discretionary post-release control but did not orally advise that a violation could result in the parole board imposing up to one-half of the original stated prison term; the written entry included consequences.
- Applicable OVI statutes permit a mandatory 120-day jail/prison term and an additional definite prison term of 6–30 months, but R.C. 2929.14(B)(4) requires the mandatory term be credited so the total aggregate definite term for a fourth-degree OVI cannot exceed 30 months.
- The State conceded the sentencing and post-release-control advisement errors; the court reversed and remanded to: reduce the aggregate term to 30 months, identify the mandatory portion, and properly impose post-release control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly advised Fields of post-release control consequences | State: oral advisement was adequate (but concedes error on required specifics) | Fields: court failed to notify him that parole board could impose up to one-half of his stated prison term for violations | Court: oral advisement was inadequate under R.C. 2929.19(B)(2)(f); remand for proper imposition of post-release control (Harper governs as voidable error) |
| Whether Fields's 34-month aggregate sentence is lawful and whether the mandatory portion was identified | State: concedes R.C. 2929.14(B)(4) requires reduction and that court must specify mandatory portion | Fields: aggregate 34-month term is outside statutory range and court failed to identify mandatory portion | Court: sentence exceeded statutory aggregate cap; remand to reduce aggregate to 30 months and to notify which portion is mandatory |
Key Cases Cited
- State v. Harper, 160 Ohio St.3d 480 (2020) (errors in imposing post-release control render the judgment voidable, not void)
- State v. Fischer, 128 Ohio St.3d 92 (2010) (previous Ohio Supreme Court precedent on post-release control later overruled by Harper)
- State v. McClellan, 163 N.E.3d 1202 (2020) (appellate discussion that aggregate mandatory plus additional term for fourth-degree OVI is capped at 30 months)