2013 Ohio 5591
Ohio Ct. App.2013Background
- James Middleton pleaded guilty during a jury trial to reduced charge of voluntary manslaughter (first-degree felony) and was immediately sentenced to nine years' imprisonment.
- The sentencing journal entry stated only that “post release control is part of this prison sentence for the maximum period allowed for the above felony under R.C. 2967.28,” without specifying the five-year term or consequences for violations.
- After serving his prison term, Middleton moved to terminate postrelease control, arguing the sentencing entry was void for failing to specify the mandatory five-year term and thus the court lacked authority to enforce or reimpose it.
- The state opposed; the trial court denied Middleton’s motion. Middleton appealed.
- The appellate court considered whether the sentencing entry’s reference to R.C. 2967.28 (rather than stating the five-year term and enforcement consequences) rendered the postrelease-control portion of the sentence void.
- The appellate court reversed, holding the postrelease-control portion of the 2001 sentence was void and ordering Middleton released from further postrelease-control supervision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing entry’s generic reference to R.C. 2967.28 (instead of stating a five-year postrelease-control term and consequences) rendered the postrelease-control portion of the sentence void | State: The sentencing entry was sufficient; postrelease control was part of the sentence as described | Middleton: The entry failed to notify him of the five-year mandatory term and consequences for violation, making that portion of the sentence void and nonreimposable after imprisonment ended | The court held the sentencing entry was void for failing to state the five-year term and consequences; Middleton must be released from further postrelease-control supervision |
Key Cases Cited
- State v. Jordan, 104 Ohio St.3d 21, 817 N.E.2d 864 (Ohio 2004) (trial court must notify defendant of postrelease control at sentencing and incorporate notice into journal entry)
- State v. Bezak, 114 Ohio St.3d 94, 868 N.E.2d 961 (Ohio 2007) (sentences missing mandatory provisions require resentencing)
- State v. Underwood, 124 Ohio St.3d 365, 922 N.E.2d 923 (Ohio 2010) (an agreed sentence is unreviewable only if it is authorized by law and complies with mandatory provisions)