State v. Graham
2014 Ohio 1024
Ohio Ct. App.2014Background
- Graham pled guilty to robbery in the second degree under R.C. 2911.02(A)(2) and received a seven-year sentence.
- The trial court failed to properly notify Graham at sentencing about postrelease-control obligations.
- Graham’s plea hearing did include postrelease-control information, but the sentencing hearing did not provide the required warning.
- The court did inform Graham about potential imprisonment for postrelease-control violations, but omitted the mandatory postrelease-control period.
- Graham argued about entitlement to prison-time credit under R.C. 2967.193 and about community-service-notification requirements; these issues relate to sentencing procedures.
- The court remanded for correction of postrelease-control notification under R.C. 2929.191, while otherwise affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Postrelease control notification at sentencing | Graham—state concurs that notice was missing | Graham argues void sentencing for lack of notice | Partly sustained; remanded for notification correction |
| Effect of failure to inform about prison-time credit | Graham argues sentencing improper due to missing credit info | No requirement to inform at plea or sentencing for credit | No error; plea valid; credit info not required at sentencing |
| Excessiveness of sentence | Remorse and program desires justify lighter sentence | Sentence within statutory range, not contrary to law | Not reversible; within range; affirmed on this point |
| Community service in lieu of court costs | Graham could be subject to community service per statute | No nonresidential sanction imposed, so no notice needed | Overruled; no notice required because no sanctions imposed |
| Postrelease-control notification timing overall | Notification deficiencies vitiate the postrelease portion | Plainly a remedial fix; not a bar to judgment | Remanded for correction under R.C. 2929.191; judgment affirmed otherwise |
Key Cases Cited
- State v. Williams, 2010-Ohio-1879 (1st Dist. Hamilton No. C-081148 (Ohio 2010)) (postrelease-control notification duties and consequences)
- State v. Bailey, 2013-Ohio-5512 (1st Dist. Hamilton Nos. C-130245 and C-130246 (Ohio 2013)) (notification requirements for community service in lieu of costs; version of statute at issue)
- State v. Gates, 2013-Ohio-4284 (11th Dist. Portage No. 2011-P-0001 (Ohio 2013)) (statutory notification requirements for community sanctions)
- State v. White, 2013-Ohio-4225 (1st Dist. Ohio (Ohio 2013)) (standard for vacating or modifying sentences for appellate review)