State v. Jones
2012 Ohio 4446
Ohio Ct. App.2012Background
- Jones was convicted in 2007 on a no contest plea for aggravated vehicular homicide and vehicular assault, receiving four and a half years in prison, mandatory three years of postrelease control, restitution, and a fifteen-year driver’s license suspension.
- The judgment indicated postrelease control was mandatory but did not differentiate between counts for postrelease purposes.
- In December 2011, the trial court resentenced Jones via video conference after finding improper initial imposition of postrelease control, specifying three years for homicide and up to three years for vehicular assault.
- Jones appealed the resentencing; appellate counsel filed an Anders brief identifying potential issues related to the video-conference resentencing.
- The court appointed Jones sixty days to file a pro se brief; Jones did not file one; the court conducted independent review and found the appeal wholly frivolous.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether video-conference resentencing violated rights. | Jones | Jones | No reversible error; harmless under record. |
| Whether postrelease-control-imposition error renders the sentence void. | State | Jones | Void only the offending portion; res judicata applies to other aspects. |
| Whether R.C. 2929.191 procedures at the corrected entry hearing were satisfied. | State | Jones | Procedures followed; error harmless beyond postrelease control. |
| Whether multiple postrelease-control terms can be imposed for multiple felonies. | State | Jones | Imposition of multiple periods improper; clarified maximum term only. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (voiding only offending postrelease portion; res judicata applies)
- State v. Singleton, 124 Ohio St.3d 173 (Ohio 2009) (requires hearing before corrected-entry resentencing for postrelease)
- State v. Al-Mosawi, 2012-Ohio-3385 (2nd Dist. 2012) (presence at resentencing; harmless error if no prejudice)
- State v. Davis, 116 Ohio St.3d 404 (Ohio 2008) (defendant absence can be harmless if no prejudice)
- State v. Morris, 2011-Ohio-5484 (10th Dist. 2011) (absence at hearing can be harmless; due process considerations)
- State v. Sulek, 2010-Ohio-3919 (2d Dist. Greene No. 09CA75, 2010) (notify maximum postrelease term; no double imposition)
- State v. Simpson, 2007-Ohio-4301 (8th Dist. 2007) (single mandatory term guidance for postrelease)