2011 Ohio 4993
Ohio Ct. App.2011Background
- Gooden was charged in Summit County with felonious assault on a peace officer, failure to comply with police, and vandalism; Count One was dismissed, Count Four remained, and a supplemental indictment added Count Four as felonious assault of a peace officer (first-degree).
- The jury found Gooden guilty on the remaining counts; the trial court imposed an aggregate nine-year sentence with felonious assault and failure to comply running consecutively and vandalism concurrent.
- On appeal, Gooden challenges the sentencing order, arguing the court sentenced on Count Four (the supplemental count) for which the jury did not convict him.
- The sentencing hearing and judgment failed to properly advise on post-release control, and the judgment entry did not include correct post-release control notices.
- The appellate court remands for proper post-release-control notification and affirms in part, reverses in part, and remands for further proceedings.
- The court discusses issues related to verdict-form labeling, which did not deprive the court of jurisdiction to impose sentence on the proper conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentencing on a count alleged in the supplemental indictment violated due process | Gooden | Gooden | Overruled; court had jurisdiction to sentence based on proper conviction |
| Whether the verdict-form labeling error affected the validity of the conviction | Gooden | Gooden | Overruled; clerical error did not deprive jurisdiction or invalidate the conviction on the proper count |
| Whether post-release control was properly advised and entered | Gooden | Gooden | Remanded for proper post-release-control notification under R.C. 2929.191; void portions corrected while remaining sentence stands |
| Whether the sentenced term for post-release control was void and needed correction | Gooden | Gooden | Remanded for mandatory notice correction per Fischer; remand limited to post-release-control notification |
| Whether the trial court erred by failing to properly notify about post-release sanctions in the judgment entry | Gooden | Gooden | Remanded for inclusion of correct post-release-control information in the judgment entry |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010) (mandatory post-release-control notification required; void portion may be corrected)
- State v. Singleton, 124 Ohio St.3d 173 (2009) (statutory notices must be included in judgment and sentencing entries)
- State ex rel. Dothard v. Warden, Trumbull Correctional Inst., 2003-Ohio-325 (11th Dist.) (verdict form errors are procedural and do not deprive jurisdiction to sentence on proper verdict)