State v. Hopson
2017 Ohio 2637
| Ohio Ct. App. | 2017Background
- Torrod Hopson pleaded guilty in five consolidated Summit County cases to five felony counts (two possession of cocaine, trafficking in cocaine, trafficking in heroin, and failure to register), under a negotiated global plea producing an eight-year aggregate sentence.
- Three of the eight years of the aggregate sentence were tied to the failure-to-register conviction arising from a juvenile adjudication as a Tier III sex-offender registrant.
- After the Ohio Supreme Court decided State v. Williams (2011), Hopson moved to vacate his failure-to-register conviction as void; he asked the trial court to reduce his aggregate sentence by three years.
- The trial court vacated the failure-to-register conviction but then vacated Hopson’s entire eight-year sentence and ordered resentencing for all counts; the State contended the trial court’s entry was not final and that the court lacked authority to vacate the entire package.
- Hopson appealed, arguing the trial court could only vacate the sentence for the single, invalid offense; the trial court’s vacation of the entire sentence was error.
Issues
| Issue | Hopson's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court could vacate the entire aggregate sentence after vacating one underlying conviction | Trial court lacked authority to disturb sentences for convictions not voided; only the sentence for the failure-to-register offense could be vacated | The trial court’s order was not a final appealable order and/or could vacate the package given plea negotiations | Court reversed: under State v. Saxon the court may vacate only the sentence for the specific appealed/void offense and lacked authority to vacate the entire multiple-offense sentence |
| Whether the trial court’s order vacating judgments is a final, appealable order | (implicit) Hopson proceeded with appeal | Trial argued no final appealable order because no new sentences had been imposed after vacation | Court held the entry vacating a prior judgment is final and appealable under R.C. 2505.02(B)(3) |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (Ohio 2011) (juvenile sex-offender classification held void in relevant circumstances)
- State v. Saxon, 109 Ohio St.3d 176 (Ohio 2006) (Ohio does not apply the federal sentencing-package doctrine; appellate courts may only vacate or modify the sentence for the specific appealed offense)
- State v. Lester, 130 Ohio St.3d 303 (Ohio 2011) (elements required for a judgment of conviction to be final for appeal under Crim.R. 32)