State v. Leasure
2011 Ohio 3665
Ohio Ct. App.2011Background
- Indictment for two counts of burglary; pled guilty to one count in exchange for the other being dismissed.
- Sentence: eighteen months in prison on November 27, 2002; discretionary postrelease control up to three years.
- Judgment entry failed to inform on postrelease-control consequences; conviction and sentence entered without proper notice.
- Leasure completed the eighteen-month term and did not appeal.
- August 16, 2010: Leasure moved to vacate the 2002 judgment; court ruled it lacked jurisdiction since terms had expired.
- Appeal follows, asserting trial court erred by denying vacatur and by misimposing/postrelease-control requirements that were void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether postrelease control was properly imposed or voidly imposed | Leasure argues judgment void for improper notice of postrelease control | State argues Fischer allows vacating only the void portion, not entire sentence | Vacate only the postrelease-control portion; the rest remains valid |
| Whether the court had authority to vacate an expired postrelease term | Leasure contends no live controversy; cannot vacate expired term | State relies on Bloomer to permit vacating the void portion even after expiration | Court has inherent power to vacate the void postrelease-control portion; remand to discharge from postrelease control |
Key Cases Cited
- State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (requirement to include postrelease control in judgment entry; related standards)
- State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (nullity of improper postrelease-control imposition; must vacate)
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (restricts remedy to void portion; preserves rest of sentence)
- State v. Summers, 2011-Ohio-1862 (9th Dist. No. 10CA0020-M) (vacatur of void postrelease-control portion; remand guidance)
- State v. Bloomer, 122 Ohio St.3d 200 (2009-Ohio-2462) (helps address authority to vacate postrelease-control after term expires)
- State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (limits correction of postrelease-control errors upon completion of term)