State v. Moore
2015 Ohio 3233
Ohio Ct. App.2015Background
- Gregory D. Moore pled guilty to an amended count of domestic violence arising from an assault on his long‑term partner (pushing from bed, punches, choking, and threats with a bat).
- The indictment included a furthermore specification alleging two prior domestic‑violence convictions against the same victim; the court nolled one prior conviction, reducing the offense to a fourth‑degree felony.
- At sentencing the court imposed 180 days in county jail (with 114 days credit) and three years of community‑control sanctions.
- As a condition the court ordered placement at the county Community‑Based Correctional Facility (CBCF) and potential subsequent inpatient treatment, but did not specify a particular term length at the CBCF.
- Moore appealed, arguing the court’s failure to impose a specific CBCF term could permit an indefinite commitment exceeding the statutory six‑month maximum under R.C. 2929.16(A)(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing CBCF placement without specifying a term | State: court need not specify exact CBCF days; facility staff should set treatment length | Moore: failing to specify days risks an indefinite commitment exceeding the six‑month statutory maximum | Court: Trial court must advise/reflect the statutory "up to six months" term; remand for nunc pro tunc entry to correct sentence |
Key Cases Cited
- Woods v. Telb, 89 Ohio St.3d 504 (2000) (truth‑in‑sentencing requires eliminating indefinite sentences in favor of specific terms)
- State v. Lester, 130 Ohio St.3d 303 (2011) (remand for nunc pro tunc entry appropriate to correct sentencing record)