2021 Ohio 3525
Ohio Ct. App.2021Background
- On Oct. 1, 2020 Jeramie Perry assaulted the mother of his child with a cast-iron skillet, causing serious head injuries in front of children; charged with two counts of felonious assault and one count of misdemeanor domestic violence.
- Perry pleaded guilty to one count of felonious assault (serious physical harm) and to domestic violence; the other felonious-assault count was dismissed.
- At plea and sentencing the court indicated no agreement on sentence; PSR ordered; sentencing set for March 3, 2021.
- At sentencing the court orally imposed prison time for the felony and 180 days for the misdemeanor, and properly notified Perry of post-release control for the felony only.
- The written journal entry, however, erroneously imposed three years of post-release control for both the felony and the misdemeanor. Perry has served the 180‑day misdemeanor jail term but remains subject to the journal entry’s post-release-control term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-release control (PRC) may be imposed for the misdemeanor domestic-violence conviction | State: PRC properly applied to the felony; written-entry error can be corrected | Perry: PRC on a misdemeanor is unauthorized by statute | Court vacated PRC for the misdemeanor and remanded for a nunc pro tunc entry removing PRC for that offense |
| Whether felonious assault and domestic violence are allied offenses requiring merger | State: (implicitly) no reversible error or issue moot given sentence status | Perry: offenses are allied and should have merged for sentencing | Court treated the merger claim as moot because Perry has completed the misdemeanor term and the PRC error was separately resolved |
| Whether the appeal of the misdemeanor sentence is moot because Perry served the jail term | State: PRC in journal preserves a live controversy | Perry: appeal moot because sentence served | Court held appeal is not moot because the journal entry still subjects Perry to PRC for the misdemeanor |
Key Cases Cited
- Cyran v. Cyran, 152 Ohio St.3d 484 (Ohio 2018) (mootness doctrine; courts decide live controversies)
- Fortner v. Thomas, 22 Ohio St.2d 13 (Ohio 1970) (role of courts in deciding adversarial cases)
- State v. Wilson, 41 Ohio St.2d 236 (Ohio 1975) (mootness in misdemeanor appeals after sentence satisfaction)
- State ex rel. Womack v. Marsh, 128 Ohio St.3d 303 (Ohio 2011) (trial court may correct sentencing omissions by nunc pro tunc entry)
- State v. Qualls, 131 Ohio St.3d 499 (Ohio 2012) (nunc pro tunc correction of sentencing-entry errors)
- Cleveland Heights v. Lewis, 129 Ohio St.3d 389 (Ohio 2011) (favorable appellate relief cannot undo a fully served sentence)