State v. Powell
2013 Ohio 5561
Ohio Ct. App.2013Background
- Powell appealed the trial court’s denial of his motion for judicial release.
- Powell pleaded guilty in 2008 to domestic violence, felonious assault, violating a protection order, and aggravated possession of drugs; sentenced to 10 years 6 months, but sentence suspended to community control.
- In 2009 Powell pleaded guilty again to aggravated possession of drugs; a 12-month sentence was imposed but suspended to community control.
- In 2011 Powell was arrested for violating community control and pleaded guilty in 2012 to the violation, with prison terms of 4 years (CR 2007-07-2126) and 12 months (CR 2009-01-0097), ordered consecutive for a total of five years, plus 265 days time credit.
- Powell moved for judicial release on September 14, 2012; the court denied on October 29, 2012 after briefing was requested but not submitted.
- On appeal Powell argued eligibility under R.C. 2929.20(C)(2) due to two sub-five-year sentences and, alternatively, an equal-protection challenge under C(3); the court rejected these arguments and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of filing under 2929.20(C)(2)-(3). | Powell contends two sub-five-year sentences aggregate to <5 years so C(2) applies. | State argues aggregated term is five years, so C(3) applies. | Assignment overruled; court affirmed denial; proceedings treated as not timely under C(3) |
Key Cases Cited
- State v. Rapp, 2013-Ohio-4408 (9th Dist. Wayne 2013) (citation used for forfeiture and argument development)
- State v. Cross, 2011-Ohio-3250 (9th Dist. Summit 2011) (constitutionality and forfeiture principles in plain error analysis)
- State v. Awan, 22 Ohio St.3d 120 (1986) (constitutional challenges and forfeiture doctrine)
- State v. Hill, 2011-Ohio-1154 (9th Dist. Lorain 2011) (plain-error constitutional challenges not adequately developed)
- State v. Collier, 62 Ohio St.3d 267 (1991) (strong presumption of constitutionality for legislative acts)
- State v. Peoples, 2003-Ohio-151 (10th Dist. 2003) (as-applied constitutional challenges and timing concerns)