State v. Gordon (Slip Opinion)
109 N.E.3d 1201
Ohio2018Background
- Bruce Gordon was convicted by a jury of multiple sexual-offense counts and sentenced to an aggregate term of 55 years to life.
- At sentencing the trial court imposed mandatory postrelease control and included a journal entry notifying Gordon that a conviction for a new felony while on postrelease control could lead to an additional consecutive prison term.
- Gordon appealed, raising multiple assignments of error; the Ninth District affirmed in part, remanded on consecutive-sentence findings, and certified a conflict with the Fifth District on postrelease-control notification scope.
- The specific legal question: whether R.C. 2929.19(B)(2)(e) requires trial courts at initial sentencing to notify offenders about the penalty provisions in R.C. 2929.141(A)(1)–(2) (which address separate consecutive prison terms for new felonies committed while on postrelease control).
- The Ohio Supreme Court granted review to resolve the conflict between appellate decisions and applied plain-language statutory construction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2929.19(B)(2)(e) requires sentencing courts to notify offenders about R.C. 2929.141(A)(1)–(2) penalty provisions (consecutive prison for new felony during postrelease control) | Gordon: R.C. 2929.19(B)(2)(e) imposes a duty to notify at sentencing of the R.C. 2929.141(A) penalties | State: R.C. 2929.19(B)(2)(e) plainly requires only notice that the parole board may impose up to half the stated term for violations; it does not require notice of R.C. 2929.141 penalties | R.C. 2929.19(B)(2)(e) does not require notification at initial sentencing of the R.C. 2929.141(A)(1)–(2) penalty provisions |
Key Cases Cited
- Summerville v. Forest Park, 943 N.E.2d 522 (Ohio 2010) (statutory-construction principles; look to plain language to determine legislative intent)
- Cline v. Ohio Bureau of Motor Vehicles, 573 N.E.2d 77 (Ohio 1991) (interpret statutes according to plain meaning)
- Portage County Board of Commissioners v. Akron, 846 N.E.2d 478 (Ohio 2006) (apply unambiguous statutory language as written)
- State ex rel. Burrows v. Industrial Commission, 676 N.E.2d 519 (Ohio 1997) (plain-language first in statutory interpretation)
- State v. Grimes, 85 N.E.3d 700 (Ohio 2017) (trial courts have a statutory duty to provide notice of postrelease control at sentencing; sentences without such notice are contrary to law)
- State v. Jordan, 817 N.E.2d 864 (Ohio 2004) (established duty to notify defendant of postrelease control at sentencing)
