2012 Ohio 5961
Ohio Ct. App.2012Background
- Grenoble was convicted in Preble County for possession of marijuana (felony, 2nd degree) and possession of criminal tools (felony, 5th degree) with an eight-year and a 12-month sentence respectively; a $10,000 fine was imposed and license was suspended for six months, with costs assigned.
- The court stayed execution pending appeal; Grenoble appealed the judgment, and the appellate court affirmed the conviction and sentence on May 16, 2011.
- On October 7, 2011, after a hearing, the trial court lifted the stay and ordered Grenoble to begin serving the eight-year term, crediting 76 days served.
- Grenoble moved to modify his sentence under House Bill 86 (HB 86), arguing the amendments should apply to his sentence; the trial court denied the motion.
- The issue on appeal is whether HB 86 applied to Grenoble’s sentence, given the timing of the sentencing and HB 86’s effective date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether HB 86 applied to Grenoble’s sentence | State argues sentence was final and HB 86 does not apply.</ | Grenoble contends HB 86 amendments should apply to his sentence due to timing. | HB 86 did not apply; sentence imposed before HB 86 became effective. |
| Ineffective assistance of counsel claim under HB 86 | State argues no merit since HB 86 did not apply. | Grenoble claims counsel should have sought HB 86 sentencing. | No ineffective assistance; would not have changed outcome since HB 86 did not apply. |
Key Cases Cited
- State v. Roberts, 119 Ohio St.3d 294 (Ohio Supreme Court 2008) (stay preserves status quo and suspends execution during appeal)
- State v. Lovell, 2007-Ohio-4352 (Ohio App. 12th Dist. 2007) (class of stay and execution timing considerations)
- State v. Carlisle, 131 Ohio St.3d 127 (Ohio Supreme Court 2011) (final sentence upon issuance of final order)
- State v. Lester, 130 Ohio St.3d 303 (Ohio Supreme Court 2011) (finality of judgment; appeal timing)