State v. McGee
2014 Ohio 5289
Ohio Ct. App.2014Background
- In 1999 Belvin McGee was convicted of multiple sexual offenses against his children and sentenced to concurrent terms including life sentences and an 8-year consecutive term.
- In 2007 this court found McGee’s original 1999 sentence void for lack of lawful postrelease-control (PRC) notification and remanded for resentencing.
- At a 2008 resentencing the trial court imposed the same prison terms and the journal entry stated PRC of 5 years but omitted the consequences for violating PRC.
- McGee filed a 2014 motion to correct illegal sentence arguing the 2008 resentencing failed to properly impose PRC and the journal entry lacked required notifications; the trial court denied relief.
- On appeal McGee argued the sentencing was void under Bezak and related cases; the appellate court reviewed whether PRC was properly imposed at the hearing and whether the journal entry’s omission could be corrected nunc pro tunc.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McGee) | Held |
|---|---|---|---|
| Whether PRC was lawfully imposed at the 2008 resentencing and whether omission in the journal entry requires vacatur or nunc pro tunc correction | The court should presume regularity of the sentencing hearing (no transcript filed); PRC was orally imposed at resentencing | McGee contends the resentencing and journal entry failed to properly advise him of PRC details and consequences, rendering the sentence void | Court presumed the oral advisement occurred (no transcript filed) but found the journal entry omitted the consequences of violating PRC; remanded for a nunc pro tunc entry to add the violation consequences (up to half the prison term) |
Key Cases Cited
- State v. Qualls, 967 N.E.2d 718 (Ohio 2012) (trial court must provide statutorily compliant PRC notification at sentencing and include it in the entry; omissions in the entry can be corrected nunc pro tunc if oral advisement occurred)
- State v. Fischer, 942 N.E.2d 332 (Ohio 2010) (a sentence not conforming to PRC statutory mandates is void and subject to review at any time)
- State v. Bezak, 868 N.E.2d 961 (Ohio 2007) (void-sentence principles where PRC was not properly imposed)