State v. Murphy
2014 Ohio 323
Ohio Ct. App.2014Background
- Murphy was sentenced in 2007 to an aggregate four-year term with post-release control (PRC) allegedly up to three years (Case No. CR2007-0070).
- In 2013, the trial court imposed an aggregate eight-year sentence (Case No. CR2013-0059) and found Murphy violated PRC in 2007, terminating PRC there and ordering the remainder to run consecutively to the eight-year term.
- Murphy appealed challenging the PRC entry as void; the State conceded the entry was void and the issue was raised on appeal.
- The 2007 PRC notice stated optional PRC up to three years, but the term was mandatory three years, rendering the PRC order void (see State v. Billiter).
- Assignment I argued the invalid PRC prevented imposition of the sanction; Assignment II argued other sentencing issues were moot as a result; the court granted Assignment I and reversed/remanded for resentencing.
- The court remanded for resentencing consistent with the void PRC ruling; the judgment in the trial court was reversed and the matter remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PRC entry in 2007 was void and invalidated the later sentence | Murphy: PRC order void; cannot be used | State: reliance on Billiter supports validity | Assignment I granted; PRC void; need resentencing |
| Whether any other sentencing aspects remain moot after void PRC | Murphy's mootness arguments unnecessary | State's position not needed after void PRC | mootness of Assignment II noted; remand for resentencing |
Key Cases Cited
- State v. Billiter, 134 Ohio St.3d 103 (2012-Ohio-5144) (void sentence for improper postrelease-control term; lack of authority to impose)
- Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (invalid postrelease-control sentence confers no authority)
- Jordan, 104 Ohio St.3d 21 (2004-Ohio-6085) (TRC errors affect jurisdiction over related charges)