2011 Ohio 1020
Ohio Ct. App.2011Background
- Appellant Cary L. McPherson II was indicted in 2002 in Licking County on five counts including gross sexual imposition and rape.
- In 2002 McPherson pled guilty to gross sexual imposition and entered no contest Alford pleas to the remaining counts, resulting in a verdict on all counts.
- On April 16, 2002, McPherson received an aggregate prison sentence of 15 years.
- On February 25, 2010, McPherson moved for resentencing, arguing the original sentence was void for improper postrelease-control (PRC) notification.
- A hearing was held on August 16, 2010, and a nunc pro tunc judgment entry resentenced McPherson to 15 years with five years of PRC.
- McPherson appeals, contending the court should have conducted a de novo resentencing under Bezak; the court held proper PRC notice and affirmed the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether de novo resentencing was required | McPherson argues de novo resentence per Bezak is required. | State argues Bezak limits de novo only to PRC imposition as clarified by Fischer. | No de novo hearing required beyond PRC proper imposition. |
Key Cases Cited
- State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (de novo PRC resentencing for pre-July 11, 2006 sentences)
- State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (scope of Bezak de novo hearing limited to PRC imposition)
- State v. Fischer, 2010-Ohio-6238 (Ohio Sup. Ct.) (limits and impact of de novo proceedings after Bezak)