State v. Jordan
2012 Ohio 5350
Ohio Ct. App.2012Background
- Indicted in 2007 in Richland County on two kidnapping counts, domestic violence, felonious assault, and attempted murder.
- Guilty plea entered May 2, 2008 to felonious assault in exchange for an eight-year sentence and dismissal of remaining counts; admitted five years of post-release control.
- Trial court imposed eight years and five years of post-release control, though the statute mandates three years for a second-degree felony.
- Appellant pursued multiple appeals and motions (direct appeals, petitions to vacate, Crim.R. 32.1 withdrawal) alleging improper post-release-control imposition.
- A 2010 appeal held he was not entitled to withdraw the plea and that the five-year post-release-control term caused no prejudice; subsequent resentencing in 2012 corrected the term; doctrine of res judicata affected other challenges.
- The trial court resentenced to correct post-release control; this court affirms the judgment, holding no prejudice from delay and applying res judicata to untimely or previously raised issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Delay in imposing post-release control and its effect | State argues Fischer allows correction and review; delay not prejudicial once corrected | Jordan contends delay or improper imposition prejudiced him | First issue overruled; no prejudice shown |
| Motion to withdraw guilty plea denied | State argues res judicata and prior appeal foreclose withdrawal | Jordan argues plea withdrawal warranted due to void post-release-control error | Second issue overruled; barred by res judicata |
| Effective assistance of counsel | State relies on prior appeal outcomes and res judicata to defeat claim | Jordan asserts ineffective assistance related to plea and sentencing | Third issue overruled; barred by res judicata |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010) (sentence void if statutorily mandated post-release control not imposed; review allowed)
- State v. Szefcyk, 77 Ohio St.3d 93 (1996) (res judicata bars raising issues already litigated or could have been raised)
- State v. Singleton, 124 Ohio St.3d 173 (2009) (mandate for resentencing under certain post-release-control contexts)