State v. Hunt
2012 Ohio 3578
Ohio Ct. App.2012Background
- State charged Hunt with breaking and entering and theft; Hunt pled guilty to breaking and entering (a fifth-degree felony) and theft was dismissed; Hunt was sentenced to two days in jail with credit for time served and a $150 fine; the State timely appealed alleging the sentence violated law under HB 86 and related statutes; the court vacated the sentence and remanded for resentencing under amended statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hunt's sentence complied with HB 86 amendments to felony sentencing | State argues HB 86 imposes at least one year of community control if conditions present | Hunt argues jail time was permissible and/or no mandatory community control | Sentence deemed contrary to law; remanded for resentencing under amended statutes |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (Kalish two-prong review for legality of felony sentences)
- State v. Nash, 2012-Ohio-3246 (8th Dist. No. 96575 (en banc)) (HB 86 effects on community control and probation supervision debated)
- State v. Snyder, 2012-Ohio-3069 (3d Dist. No. 13-11-37) (HB 86 amendments governing community control sanctions)
- State v. Henson, 2012-Ohio-2894 (5th Dist. No. 11 CAA 11 0112) (HB 86 amended sentencing requirements for fourth/fifth-degree felonies)