State v. Marcum
2015 Ohio 5237
Ohio Ct. App.2015Background
- Defendant Daniel R. Marcum pleaded guilty to a reduced charge of fifth-degree felony possession of heroin; sentencing occurred immediately while he was serving an unrelated Gallia County prison term.
- Trial court imposed six months community control with a requirement that Marcum serve 60 days at the Ohio Department of Rehabilitation and Correction, and suspended his driver’s license for six months.
- No presentence investigation (PSI) report was requested, ordered, or reviewed before imposition of the community-control sanction.
- The State timely appealed the sentence as contrary to law; the State raised multiple grounds, including the absence of a PSI, improper combination of jail and community control, and an allegedly backdated driver’s-license suspension.
- Marcum argued the appeal was moot because he completed the sentence; the court considered whether the State’s appeal presented a justiciable controversy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness / Justiciability of State's appeal | State: appeal timely; relief meaningful because the State may obtain correction of an unlawful sentence | Marcum: appeal is moot because sentence already completed | Court: Not moot — State’s timely appeal removes defendant’s expectation of finality; relief (resentencing) remains effective |
| Requirement to order and consider PSI before imposing community control | State: trial court acted contrary to law by imposing community control without a PSI as required by R.C. 2951.03 and Crim.R. 32.2 | Marcum: argues limited precedential value of State v. Amos and that Amos is not controlling | Court: Held sentencing without ordering/reviewing a PSI for a felony community-control sanction is contrary to law; remanded for resentencing |
| Imposition of both jail time and community control / minimum community-control term | State: trial court failed to impose required minimum community-control term or valid prison term and improperly combined incarceration with community control | Marcum: argues sentence was lawful | Court: Not reached — remand for resentencing based on PSI error made further analysis unnecessary |
| Driver’s-license suspension effective date | State: trial court incorrectly backdated license suspension under R.C. 2925.11(E)(2) | Marcum: argues sentence lawful as entered | Court: Not reached — remanded on PSI ground, so this issue was not decided |
Key Cases Cited
- State v. Golston, 71 Ohio St.3d 224 (1994) (felony-conviction appeals remain justiciable even after sentence served)
- State v. Amos, 140 Ohio St.3d 238 (2014) (trial court acts contrary to law when it imposes community-control sanctions on a felony offender without first ordering and reviewing a presentence investigation report)
- State v. Roberts, 119 Ohio St.3d 294 (2008) (timely appeal eliminates defendant’s legitimate expectation of finality in a sentence)
- United States v. DiFrancesco, 449 U.S. 117 (1980) (defendant’s sentencing exposure may be altered on successful appeal by the government)
- Scheerer v. Munger, 281 P.3d 491 (Ariz. Ct. App. 2012) (government appeal of leniency can yield effective remedy)