2018 Ohio 5278
Ohio Ct. App.2018Background
- In 1998 Gregory Montgomery was convicted of multiple drug felonies and sentenced; the trial court did not discuss post-release control (PRC) at the sentencing hearing.
- The September 1998 sentencing entry stated the court had “notified the defendant that post release control is mandatory in this case up to a maximum of five years.”
- Montgomery previously moved for resentencing in 2009 and 2010 arguing the “up to” language rendered the PRC portion void; those motions were denied.
- Montgomery was released from prison in 2017 and in January 2018 moved to vacate post-release control. The trial court denied the motion, reasoning it had used the word “mandatory.”
- The State conceded the issue in briefing; the appellate court found the record (including an attached sentencing transcript and entry) showed no proper PRC notice at hearing and that the entry’s “up to” language rendered PRC void.
- The appellate court reversed, vacated the PRC portion of Montgomery’s sentence, and remanded to notify the Adult Parole Authority of the vacation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PRC portion of Montgomery’s sentence is void for failing to properly notify at sentencing and for using “up to” language in the entry | PRC was mandatory and the trial court’s use of “mandatory” in the entry sufficed; PRC should remain | Montgomery: PRC was void because the court failed to provide statutorily required oral notice and the entry used improper “up to” language | Court held PRC was not properly imposed; the PRC portion is void and must be vacated because defendant has completed his prison term |
Key Cases Cited
- State v. Grimes, 85 N.E.3d 700 (Ohio 2017) (trial courts must give statutorily required PRC notice at sentencing and include required PRC information in the judgment entry)
- State v. Jordan, 817 N.E.2d 864 (Ohio 2004) (sentencing without proper PRC notification is contrary to law)
- State v. Fischer, 942 N.E.2d 332 (Ohio 2010) (when court fails to impose mandated PRC, that part of the sentence is void)
- State v. Holdcroft, 1 N.E.3d 382 (Ohio 2013) (once defendant has completed prison term, trial court loses jurisdiction to correct PRC error by resentencing)