State v. Mikolaj
2014 Ohio 4007
| Ohio Ct. App. | 2014Background
- Mikolaj pled guilty to fifth-degree possession of cocaine; state originally recommended eight months and a presentence investigation was ordered.
- May 10, 2013 officer observed crack cocaine fall from Mikolaj, leading to indictment for possession of cocaine (<5 grams).
- Defense presented medical issues and requested lengthy community control and addiction treatment; state later agreed to modify recommendation due to medical issues.
- August 27, 2013 sentencing: court imposed the maximum 12-month prison term and a one-year license suspension; only reference to post-release control was potential three-year period.
- Sentencing entry (Sept. 30, 2013) included an optional three-year post-release control notice, signed by defendant and counsel, asserting compliance.
- Court sustained the post-release-control notice issue and remanded for a limited post-release-control hearing; the twelve-month sentence was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly advised on post-release control consequences at sentencing | Mikolaj | Mikolaj | Remanded for post-release control hearing; improper oral notice at sentencing. |
| Whether the maximum sentence was warranted given the circumstances | State | Mikolaj | Sentence affirmed; remanded for post-release-control hearing. |
Key Cases Cited
- State v. Williams, 2012-Ohio-6277 (7th Dist. 2012) (necessity of proper notice at sentencing for post-release control)
- State v. Whitted, 2012-Ohio-1695 (7th Dist. 2012) (post-release control notice requirements)
- State v. Singleton, 2009-Ohio-6434 (Ohio Supreme Court) (necessity of proper sentencing-notice procedure)
- State v. Qualls, 2012-Ohio-1111 (Ohio Supreme Court) (mandatory notice at sentencing for PK; separation of powers concerns)
- State v. Peck, 2013-Ohio-5526 (7th Dist. 2013) (post-release notice must be provided at sentencing; issues with form)