State v. Norman
2011 Ohio 5969
Ohio Ct. App.2011Background
- Defendant Jimmy Norman pled guilty in 2003 to aggravated robbery, kidnapping, rape, and corrupting another with drugs and received consecutive terms totaling 20 years.
- He began serving March 6, 2003, and accrued 317 days jail credit.
- In 2011 he was resentenced under R.C. 2929.191 to correct a defect in post-release-control imposition.
- The resentencing imposed mandatory post-release control on four offenses, including aggravated robbery.
- Norman argued the court lacked authority to impose PRC on aggravated robbery because he had already completed that eight-year term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-release control was properly imposed on all counts at resentencing | Norman contends PRC on aggravated robbery was unauthorized | Norman asserts completion of the eight-year term terminates court authority | Affirmed; court authorized PRC on all four offenses. |
Key Cases Cited
- State v. Harrison, 122 Ohio St.3d 512 (Ohio Supreme Court, 2009) (addressed timing of correcting PRC omissions under §2929.191)
- State v. Simpkins, 117 Ohio St.3d 420 (Ohio Supreme Court, 2008) (limits on correction of post-release-control omissions)
- Hernandez v. Kelly, 108 Ohio St.3d 395 (Ohio Supreme Court, 2006) (defines terms related to imprisonment and PRC authority)