State v. Powell
2014 Ohio 3842
Ohio Ct. App.2014Background
- Powell was convicted in 1999 of multiple offenses including rape and kidnapping, with a 22-year aggregate sentence that deferred postrelease control.
- We vacated several counts on direct appeal and reduced the aggregate sentence to 21 years; Powell sought post-conviction relief and cost-related relief, which were denied.
- In 2010 Powell moved for resentencing to vacate a void sentence, arguing failure to notify about mandatory postrelease control under Jordan and Bezak/related authorities.
- Powell was resentenced de novo in January 2011 after an updated PSI; Fischer later clarified that the postrelease-control error is void and the rest remains subject to res judicata.
- At the 2011 resentencing, the court informed Powell of postrelease-control terms for most counts and that the total could not be served consecutively; an amended termination entry followed in January 2011.
- On appeal, the court held that court costs issues in the resentencing could be limited by res judicata for the 1999 costs, but required consideration of costs related to resentencing and potential waivers; postrelease control for the rape conviction would be vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Court costs at resentencing | Powell argues the 2011 resentencing lacked required costs notification. | Powell contends costs should be approached with waiver considerations applicable to indigency. | Overruled; no error in 2011 costs handling given lack of new costs at resentencing and res judicata limits. |
| Postrelease control for rape conviction | Powell contends postrelease control for rape was improper since he had completed that term. | The State argues postrelease control could apply as part of the overall sentence depending on how counts were served. | sustained in part; vacate postrelease control for the rape conviction and remand for amended judgment. |
Key Cases Cited
- State v. White, 103 Ohio St.3d 580 (Ohio 2004) (costs must be imposed and notified at sentencing)
- State v. Joseph, 125 Ohio St.3d 76 (Ohio 2010) (oral notification required for costs; indigent waiver possible)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (void that part of sentence imposing postrelease control; res judicata otherwise applies)
- State v. Holdcroft, 137 Ohio St.3d 526 (Ohio 2013) (cannot resentence to add postrelease control after term served)