State v. Floyd
2017 Ohio 687
Ohio Ct. App.2017Background
- Robert J. Floyd was indicted on possession of heroin and aggravated possession of fentanyl (both fifth-degree felonies); he pled guilty to heroin in exchange for dismissal of the fentanyl count.
- At arraignment Floyd was released on bond and placed on pretrial supervision with random drug tests; his bond was later revoked after a positive test and he served 61 jail days.
- The plea colloquy did not include any oral notification by the trial court that a prison sentence could carry up to three years of postrelease control; that information appeared only on the written change-of-plea form.
- At sentencing the court imposed three years of community control (including 180 days in jail), suspended the driver’s license, ordered a $125 lab fee, denied credit for the 61 days served, and stated in the written judgment that Floyd was subject to an optional postrelease-control term of up to three years.
- Floyd appealed, arguing (1) the trial court failed to give postrelease-control warnings at the plea colloquy, (2) failed to give them at sentencing, (3) refused to credit jail time, and (4) improperly terminated community control as unsuccessful. The appellate court reversed and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court’s failure to orally notify Floyd at plea colloquy of possible postrelease control rendered the plea invalid | State: plea form contained postrelease-control info and other Crim.R.11 requirements were met | Floyd: court must personally inform him at the plea colloquy of postrelease control because it affects the maximum penalty | Court: plea invalid (failure to comply with Crim.R.11(C)(2)(a)); vacated and remanded — Sarkozy controls |
| Whether postrelease-control warnings at sentencing cured the omission at plea | State: later sentencing entry and plea form notified Floyd | Floyd: notification must occur during the plea colloquy, not later | Court: moot after vacating plea; but emphasized colloquy requirement (R.C.2943.032/Sarkozy) |
| Whether Floyd was entitled to credit for 61 days served after bond revocation | State: sentencing court denied credit | Floyd: requested credit for days served | Court: issue rendered moot by vacation of plea/sentence; therefore not decided on merits |
| Whether community control was improperly terminated as unsuccessful | State: imposed termination as part of sentence | Floyd: challenged termination | Court: moot because sentence vacated; no decision on the merits |
Key Cases Cited
- Engle v. Isaac, 456 U.S. 107 (U.S. 1982) (standard for knowing, voluntary plea and related waiver principles)
- McQueeney v. State, 148 Ohio App.3d 606 (Ohio Ct. App.) (failure to satisfy Crim.R.11 renders plea unconstitutional)
- State v. Sarkozy, 117 Ohio St.3d 86 (Ohio 2008) (trial court must advise defendant during plea colloquy of postrelease-control term; failure requires vacatur and remand)