State v. Jordan
2014 Ohio 1193
Ohio Ct. App.2014Background
- Two consolidated appeals from Franklin County Common Pleas denying motions to vacate post-release control (PRC).
- Jordan was convicted of rape (case No. 13AP-666) and burglary (case No. 13AP-674) in 2000 and sentenced to a total of 13 years.
- He completed prison terms in 2012 and was placed on PRC for five years.
- Jordan violated PRC and was returned to prison in 2013 after a 180-day term.
- He argued PRC was not properly imposed due to improper notification at sentencing.
- The trial court denied relief in both cases; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was PRC properly imposed in case 13AP-666? | Jordan argues PRC notification was defective. | Jordan contends lack of proper oral/written notice invalidates PRC. | PRC properly imposed; totality of notice sufficient. |
| Were any errors in case 13AP-674 harmless? | Errors in PRC notification in 13AP-674. | Shorter PRC term was subordinate and harmless given five-year term in 666. | Harmless error; five-year PRC in 666 controls. |
Key Cases Cited
- State v. Holloman, 2011-Ohio-6138 (10th Dist. 2011) (PRC notification required at sentencing when applicable)
- State v. Singleton, 124 Ohio St.3d 173 (Ohio Supreme Court 2009) (PRC notification duties explained)
- State v. Boone, 2012-Ohio-3653 (10th Dist. 2012) (“Notice (Prison Imposed)” form supplements notification)
- State v. Townsend, 2011-Ohio-5056 (10th Dist. 2011) (Totality of notifications considered)
- State v. Williams, 2011-Ohio-6231 (10th Dist. 2011) (Totality approach to PRC notification)
- State v. Draughon, 2012-Ohio-1917 (10th Dist. 2012) (Combination of judgment entry and form satisfies notification)
- Easley, 2011-Ohio-2412 (10th Dist. 2011) (Even without oral advisement, proper notice shown by form and entry)