State v. Jordan
2011 Ohio 1203
Ohio Ct. App.2011Background
- Indictment charged Jordan with kidnapping, domestic violence, felonious assault, and attempted murder in Richland County.
- Jordan pleaded guilty to felonious assault (second-degree felony) in exchange for eight-year sentence and dismissal of remaining counts.
- Admission of Guilt/Judgment Entry stated five years post-release control if sentenced to prison; R.C. 2967.28(B)(2) mandated three years postrelease control.
- Trial court sentenced to eight years and imposed five-year postrelease control; motions and appeals followed, including a petition to vacate the sentence.
- Jordan moved to withdraw his guilty plea under Crim.R. 32.1; State requested a resentencing hearing to correct postrelease control.
- Trial court denied the Crim.R. 32.1 motion on June 18, 2010; Jordan timely appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the plea withdrawal was proper given postrelease control issues | Jordan contends plea was not knowing due to postrelease control; sentence void; withdrawal should be pre-sentence. | State argues sentence not void; Crim.R. 32.1 allows post-sentence relief only for manifest injustice; not pre-sentencing. | Not void; denial of withdrawal upheld. |
| Whether counsel provided ineffective assistance regarding plea papers | Jordan claims counsel failed to ensure correct postrelease terms on plea papers. | State argues no prejudice given lack of void sentence and lack of manifest injustice. | Second Assignment of Error overruled. |
Key Cases Cited
- State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (provides post-2006 remedy under R.C. 2929.191 for postrelease-control errors)
- State v. Clark, 119 Ohio St.3d 239 (2008-Ohio-3748) (partial compliance with Crim.R.11; total compliance not required for nonconstitutional rights)
- State v. Nero, 56 Ohio St.3d 106 (1999) (substantial compliance test for Crim.R.11 nonconstitutional rights)
- Sarkozy v. State, 117 Ohio St.3d 86 (2008-Ohio-509) (complete failure to comply requires vacating the plea; partial compliance tested for prejudice)
- State v. Smith, 49 Ohio St.2d 261 (1977) (manifest injustice standard governs post-sentence withdrawal motions)
- State v. Bush, 96 Ohio St.3d 235 (2002-Ohio-3993) (Crim.R. 11 partial compliance framework applied to determine validity of plea)