State v. Kepler
2015 Ohio 3291
Ohio Ct. App.2015Background
- In Aug. 2011 Kepler pled to two fourth-degree felonies for failure to register as a sexual offender and was sentenced to two years imprisonment; the court advised up to three years of post‑release control at sentencing and issued a judgment entry on Aug. 2, 2011.
- The Aug. 2, 2011 sentencing entry referenced post‑release control and stated the court notified defendant of post‑release control and that the defendant must serve any term for violation, but did not explicitly state the statutorily prescribed consequence (parole board could impose up to one‑half of original prison term).
- Kepler completed the 2011 prison term on June 9, 2013 and was placed on post‑release control for one year; while on that supervision he committed a new failure‑to‑register offense (CR2013‑0225).
- On Dec. 16, 2013 the trial court sentenced Kepler for the 2013 offense and, because Kepler was on post‑release control from the 2011 case, terminated that supervision and ordered imposition of the remaining post‑release‑control sanction of one year (to be served consecutively).
- Kepler later moved (Mar. 25, 2015) to vacate the judicial‑sanction sentence, arguing the 2011 judgment entry was void for failing to notify him of the statutorily mandated consequences of post‑release control; the trial court denied the motion and Kepler appealed.
Issues
| Issue | State's Argument | Kepler's Argument | Held |
|---|---|---|---|
| Whether the 2011 sentencing entry validly imposed post‑release control | Entry was sufficient; no relief due | Entry failed to notify of the specific statutory consequence (up to one‑half of original term) so post‑release control was void | Court found entry deficient and vacated the portion of the 2013 judgment imposing the remaining 2011 post‑release control term |
Key Cases Cited
- State v. Ketterer, 935 N.E.2d 9 (Ohio 2010) (a defendant must be notified of the consequences of violating post‑release control; failure can render sentence defective)
- State v. Fischer, 942 N.E.2d 332 (Ohio 2010) (a sentence that does not include the statutorily mandated term of post‑release control is void and reviewable at any time)