State v. Martin
2017 Ohio 8851
Ohio Ct. App.2017Background
- In 1997 Antoine Martin was convicted by a jury of murder, involuntary manslaughter, and felonious assault; the trial court ordered the three sentences merged and served concurrently.
- Martin’s convictions and sentencing were affirmed on direct appeal in 1999. Subsequent proceedings produced resentencings and appeals addressing post‑release control errors.
- In 2017 Martin moved to vacate a void sentence under State v. Williams, arguing the trial court’s original merger finding meant separate sentences were void and he was entitled to resentencing.
- The State conceded the sentences were void, elected (by memorandum) to have Martin remain sentenced only on the murder count, and asked the court to vacate the other two sentences and impose 15 years to life for murder.
- The trial court vacated the felonious assault and involuntary manslaughter sentences and reimposed the 15‑year‑to‑life murder sentence. Martin appealed, arguing the court erred by (1) not holding a resentencing hearing and allowing the State’s election via memorandum, and (2) failing to impose post‑release control in the February 8, 2017 entry.
- The Ninth District affirmed, holding (1) the State may elect which allied offense to proceed on and the election by memorandum was not reversible error, and (2) post‑release control was not required for murder because murder is an unclassified felony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by not holding a resentencing hearing and permitting the State to elect which allied offense to sentence via memorandum | State: election by the prosecution is controlling; no hearing required | Martin: entitled to a resentencing hearing and the State should not be allowed to elect by memorandum | No error — State may elect which allied offense to sentence and an election by memorandum is immaterial; remand not required |
| Whether the February 8, 2017 sentence is void for failing to impose post‑release control | State: post‑release control not applicable to murder (unclassified felony) | Martin: February 8, 2017 entry failed to impose post‑release control, rendering the sentence void | No error — murder is an unclassified felony and R.C. 2967.28 does not permit post‑release control for murder |
Key Cases Cited
- State v. Williams, 71 N.E.3d 527 (Ohio 2016) (trial court must merge allied offenses of similar import; separate concurrent sentences for merged offenses are void)
- State v. Whitfield, 922 N.E.2d 182 (Ohio 2010) (prosecution controls election of which allied offense to proceed on; trial court must accept the State’s election)