State v. McCall
2013 Ohio 2653
Ohio Ct. App.2013Background
- McCall was convicted of aggravated robbery (first-degree) and robbery (second-degree) and sentenced in 2001 to 10 years; court advised mandatory post-release control (PRC) of up to five years.
- 2001 sentencing entry stated PRC up to 3 years; 2006 resentencing after Foster still noted PRC up to five years.
- In 2010, McCall moved for resentencing based on improper PRC; court found he served entire sentence and mooted motion.
- McCall was released in 2011 and placed on PRC; in 2012 he moved to vacate PRC.
- Trial court denied the motion in 2013.
- Appellate court sua sponte determined PRC was improperly imposed and remanded to vacate the PRC portion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether PRC was validly imposed | McCall argues PRC was void due to improper imposition. | State maintains PRC was properly imposed. | PRC improperly imposed; void. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (Ohio Supreme Court, 2010) (void sentence when PRC not properly imposed; reviewability preserved)
- State v. Billiter, 134 Ohio St.3d 103 (Ohio Supreme Court, 2012) (applies Fischer to collateral attacks on void sentences)
- State v. Bloomer, 122 Ohio St.3d 200 (Ohio Supreme Court, 2009) (finality concerns prevent correction after release when error not corrected prior)
- State v. Baker, 2012-Ohio-5645 (Ohio Ninth Dist. Ct. App., 2012) (no resentencing when defendant already completed sentence; PRC not applicable)