State v. Massey
2015 Ohio 5193
Ohio Ct. App.2015Background
- Massey pled guilty on Feb 20, 2008 to robbery, kidnapping, and a firearm spec.
- Sentencing hearing on Apr 14, 2008; court advised 3 years post-release control (PRC).
- Judgment entry on Apr 15, 2008 stated three years PRC; Massey received 10-year aggregate sentence.
- Nunc pro tunc sentencing entry on Dec 18, 2009 reaffirmed three years PRC.
- Massey did not appeal; in 2015 he moved for re-sentencing based on void judgment and community-service notification; trial court denied.
- Massey appeals the April 28, 2015 denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the three-year PRC term mandatory and properly notified? | Massey argues PRC term void for lack of mandatory wording | State contends 'shall' implies mandatory PRC per statute | PRC term mandatory and properly stated; first assignment overruled. |
| Did the court fail to notify about potential community-service consequences for unpaid costs? | Massey contends lack of notification violates R.C. 2947.23(A)(1)(a) | State argues costs notification not required without nonresidential sanction | Res judicata bars relief for lack of direct appeal; second assignment overruled. |
| Did Massey receive ineffective assistance of counsel for failing to object to cost notification? | Ineffective assistance for not raising costs notification issue | No prejudice shown; issue could have been raised on direct appeal | No ineffective assistance; third assignment overruled. |
Key Cases Cited
- State v. Green, 2011-Ohio-1636 (5th Dist. Stark No. 2010CA00198 (2011)) (distinguishes 'up to' language in PRC notices)
- State v. Patterson, 2015-Ohio-1714 (5th Dist. Stark No. 2015-Ohio-1714 (2011)) (helps interpret mandatory vs. discretionary PRC language)
- State v. Weathers, 2013-Ohio-1104 (12th Dist. Butler No. CA2012–02–036) (remedy for lack of costs-notification under prior statute)
- State v. Graham, 2015-Ohio-576 (12th Dist. Warren No. CA2012–11–115) (res judicata impact on direct-appeal requirements)
- State v. Collins, 2013-Ohio-3485 (12th Dist. Warren No. CA2012–11–115) (res judicata consideration for cost-notification issues)
- State v. Chapman, 2015-Ohio-3114 (Supreme Court of Ohio) (civil nature of costs not tainting criminal sentence; waiver/appeal considerations)
- State v. Joseph, 2010-Ohio-954 (Supreme Court of Ohio) (notification related to costs; informs non-taint of sentence)
- Dorrian v. Scioto Conservancy Dist., 27 Ohio St.2d 102 ((1971)) (construction of 'shall' as mandatory term language)