State v. Holsinger
2014 Ohio 2523
Ohio Ct. App.2014Background
- Eric S. Holsinger was indicted on multiple counts including three counts of rape (first-degree felonies) and two counts of unlawful sexual conduct with a minor; he pleaded guilty to two rape counts pursuant to a plea agreement.
- The State agreed to recommend a 10-year aggregate sentence; at sentencing the court imposed an 11‑year aggregate term (11 years on each count, concurrent).
- At the sentencing hearing the court advised Holsinger of a five‑year period of post‑release control (PRC) and explained the consequences of violating PRC.
- The written sentencing entry, however, only stated that Holsinger would be subject to five years of PRC and that notification was made at the hearing; it omitted the required language describing consequences for violating PRC.
- The State conceded the omission; because Holsinger was sentenced after July 11, 2006, R.C. 2929.191(C) applies, requiring the trial court to conduct a hearing before issuing a correction to the judgment.
- The appellate court affirmed the conviction but reversed and remanded for a limited resentencing hearing and corrected judgment entry to cure the PRC defect under R.C. 2929.191(C).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing entry’s omission of PRC consequences invalidates the sentence entry and requires remediation under R.C. 2929.191(C) | State concedes the written entry omitted the consequences language and agrees correction requires compliance with R.C. 2929.191(C) | Holsinger argued the sentencing entry failed to include required notification of PRC consequences | Court held the omission meritorious; affirmed conviction but reversed and remanded for a limited resentencing hearing to correct the entry under R.C. 2929.191(C) |
Key Cases Cited
- State v. Singleton, 124 Ohio St.3d 173 (Ohio 2009) (R.C. 2929.191 applies prospectively to sentences entered on or after July 11, 2006)
- State v. Qualls, 131 Ohio St.3d 499 (Ohio 2012) (when defendant was sentenced prior to July 11, 2006, omitted PRC language in the journal can be corrected via nunc pro tunc rather than statutory procedure)