State v. Pointer
2011 Ohio 5072
Ohio Ct. App.2011Background
- Pointer pled guilty in 1997 to felonious assault and involuntary manslaughter; sentences were seven years and nine years, concurrent but consecutive to another case; post-release control (PRC) terms of three and five years were mandated; PRC supervision began after release and ended February 25, 2010; Pointer’s 2010 motion to vacate claimed improper PRC-imposition rendered convictions void; trial court denied the motion in January 2011; the court acknowledged the improper PRC-language practice but held the remedy was a new sentencing hearing and, where PRC is mandatory, to modify the sentence rather than remand; the conviction itself remained valid and res judicata applied to the underlying elements; Pointer appealed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did improper PRC imposition void the conviction | Pointer | Pointer | Overruled; PRC error voids only the sentence portion; convictions remain with remedy a proper PRC sentence |
| Is the judgment void for Crim.R. 32(C) failure to state guilt | Pointer | Pointer | Overruled; failure to include guilt finding does not void the judgment; waiver applies; affirmed |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (PRC imposition error; remedy is proper modification of sentence)
- State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (constitutional review of PRC issues and void-sentence principles)
- State v. DeWine v. Burge, 128 Ohio St.3d 236 (2011-Ohio-235) (Crim.R. 32(C) and void-jury findings analyses; formalistic perfection not required to void)