State v. Jones
2011 Ohio 1202
Ohio Ct. App.2011Background
- Jones was convicted in three Richland County cases after pleading guilty to forgery (Case 2004CR0207), grand theft of a motor vehicle, forgery, and identity fraud (Case 2004CR0267), and theft by deception (Case 2004CR0881).
- The trial court failed to memorialize the manner of conviction in the sentencing entries as required after journalization of the sentences.
- Appellant moved on May 21, 2010 to revise sentencing entries to reflect the mandatory/maximum penalties and the manner of conviction under Crim.R. 32(C) and Baker.
- On June 2, 2010 the trial court amended the sentencing entries to comply with Crim.R. 32(C) and Baker.
- Jones timely appealed on June 17, 2010, challenging the court’s failure to inform him about post-release control at the plea, and raising ineffective assistance of counsel issues.
- The court held that the failure to advise on post-release control at the plea rendered the pleas non-knowing, non-voluntary, and reversed the convictions and remanded for proceedings consistent with the opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court failed Crim.R. 11(C)(2) by not advising about post-release control at the plea. | Jones; Sarkozy requires PRC notice before plea | Jones contends no such notice was provided; PRC error prejudiced | Yes; lack of PRC notice violated Crim.R. 11(C)(2) and Sarkozy; vacate/remand |
| Whether ineffective assistance of counsel is moot given the PRC error. | Jones asserts counsel failed to secure understanding of max penalties including PRC | Counsel failed to render issue moot by PRC error | Moot; court did not address merits |
Key Cases Cited
- State v. Sarkozy, 117 Ohio St.3d 86 (Ohio Supreme Court, 2008) (PRC notification required before plea; failure warrants vacating plea and remand)
- State v. Baker, 119 Ohio St.3d 197 (Ohio Supreme Court, 2008) (Crim.R.32(C) finality requires specific journalized elements)
- State v. Holmes, 2010-Ohio-428 (Ohio App. 5th Dist., 2010) (PRC advisory errors require Crim.R. 11 compliance; prejudice shown)
- State v. Souris, 2009-Ohio-3562 (Summit App. No. 24550, 2009) (PRC notification must be addressed before plea)