State v. Freeman
2013 Ohio 3004
Ohio Ct. App.2013Background
- Maurice Freeman was convicted in 2001 of aggravated murder (20 years to life) with gun specifications and one count of having weapons while under disability (1 year concurrent).
- Freeman’s conviction and sentence were previously affirmed on direct appeal.
- The trial court failed to inform Freeman of postrelease control at his 2002 sentencing hearing.
- In April 2012 the trial court issued a nunc pro tunc journal entry attempting to impose postrelease control without holding a hearing.
- Freeman moved to vacate the void judgment and challenged sentencing defects; the trial court denied relief without a hearing.
- The appellate court agreed postrelease-control notification was defective, held the deficiency was partially void, and remanded for a limited Fischer hearing to impose postrelease control as to the weapons-under-disability conviction only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether postrelease control was properly imposed | State urged trial court could correct notification and asked for Fischer correction | Freeman argued postrelease control was never properly imposed and the sentence/journal entries were void | Court: Sentence lacked proper notice; partial voidness; limited resentencing on postrelease control required |
| Whether R.C. 2929.191 provides correction procedure | State relied on statute (as a correction mechanism where applicable) | Freeman relied on relief to vacate judgment and other defects | Court: R.C. 2929.191 does not apply retroactively to Freeman (2002 sentence); Fischer governs pre-enactment sentences |
| Whether Freeman is entitled to de novo resentencing or vacatur | State argued only postrelease-control portion may be corrected | Freeman sought vacation of convictions/sentencing and broader relief | Court: Res judicata prevents vacatur of convictions; only postrelease-control portion may be reimposed in a limited hearing |
| Whether postrelease control applies to the aggravated murder count | State initially accepted correction generally | Freeman asserted error in journal entry imposing five years on aggravated murder | Court: Aggravated murder (an unclassified felony) subjects offender to parole, not postrelease control; postrelease control applies only to the weapons-under-disability conviction; journal entry must be corrected |
Key Cases Cited
- State v. Singleton, 124 Ohio St.3d 173 (2009) (R.C. 2929.191 applies only to sentences imposed after the statute s enactment)
- State v. Fischer, 128 Ohio St.3d 92 (2010) (sentences imposed before R.C. 2929.191 that lack postrelease-control notification are partially void and may be corrected via a limited resentencing hearing limited to postrelease control)