2013 Ohio 4066
Ohio Ct. App.2013Background
- Blaine Perry was convicted of third-degree felony escape and sentenced to one year in prison; the trial judge indicated he might favor judicial release after ~60 days.
- Perry moved for judicial release after serving 50 days; the court granted the motion once he reached 60 days, suspended the remainder of the one-year sentence, and placed him on community-control-type conditions for up to five years.
- While on judicial release, Perry incurred multiple violations (new charges and convictions); he stipulated to a community-control violation at the revocation hearing.
- The trial court revoked judicial release and ordered Perry to serve the balance of his previously suspended one-year sentence.
- Perry appealed, arguing the court could not reimpose the original prison term because it failed to notify him, at the judicial-release hearing, of the specific prison term that could be imposed upon violation (relying on State v. Brooks).
- The Fourth District affirmed, holding Brooks (which interprets R.C. 2929.15/2929.19 notice requirements for initial community-control sentences) does not apply to judicial release revocations governed by R.C. 2929.20; the court had properly reserved the right to reimpose the original sentence on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brooks notice requirements apply to revocation of judicial release | State/Appellee: Court may reimpose original sentence because R.C. 2929.20 allows reservation of that right and the court properly exercised it | Perry: Brooks required the trial court, when imposing community-control conditions, to state the specific prison term that may be imposed on violation; that notice was lacking | Held: Brooks is inapplicable; R.C. 2929.20 governs judicial release and authorizes reservation/reimposition of the original sentence without Brooks-style specific-term notice |
Key Cases Cited
- State v. Brooks, 103 Ohio St.3d 134, 814 N.E.2d 837 (Ohio 2004) (held that when a defendant is initially sentenced to community control the court must notify the offender of the specific prison term that may be imposed for violation)
- State v. Darst, 170 Ohio App.3d 482, 867 N.E.2d 882 (Ohio Ct. App. 2007) (noting defendant already knew original sentence so judicial release revocation may reimpose the unserved term)