2018 Ohio 2896
Ohio Ct. App.2018Background
- In 2014 Price pleaded guilty to domestic violence (felony 4) and two counts of intimidation (felonies 3). The court sentenced him to 18 months for domestic violence and a single, lump-sum five-year community-control term for the two intimidation counts.
- The court later granted judicial release for the domestic-violence count and placed Price on five years of community control for that count as well.
- In March 2017 Price committed new offenses (OVI-related misdemeanors and aggravated vehicular assault) and admitted violating his community-control terms.
- At revocation, the court terminated judicial release on the domestic-violence count and reimposed the 18-month sentence, and for the two intimidation counts imposed concurrent 36-month prison terms (based on revocation of the lump-sum community control) to run consecutively.
- Price appealed, challenging only the lump-sum community-control sentence for the two intimidation counts and the subsequent revocation-based prison terms; he did not challenge the domestic-violence reimposition or the new-conviction sentences.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Price) | Held |
|---|---|---|---|
| Whether trial court erred by imposing one lump-sum community-control term for multiple counts | Lump-sum term can stand; any remedy is limited to resentencing and does not invalidate revocation | Lump-sum community-control sentence for multiple convictions is void under Ohio law and cannot support later revocation/prison sentences | Court: Lump-sum term was contrary to law and void; trial court erred in imposing it |
| Whether revocation and imposition of underlying prison terms based on the void lump-sum community control must be vacated | Res judicata or forfeiture/ plain-error should bar relief; remedy limited to resentencing on original counts | Void sentence may be attacked at any time; resulting revocation judgment must be vacated and original void sentence vacated | Court: Void-sentence doctrine controls; revocation and related prison terms for the intimidation counts vacated and remanded for resentencing |
| Whether other parts of judgment should be disturbed (domestic-violence revocation; new convictions) | Maintain remainder of judgments | Challenge limited to lump-sum portion only | Court: Affirmed remainder (domestic-violence reimposition and Case No. 17CA31 convictions) |
| Appropriate remedy (vacatur vs. harmless error) | Argues for limited relief (resentencing) | Seeks vacatur of revocation-based sentence tied to void community control | Court: Vacate the lump-sum community-control sentence and the revocation-based prison terms; remand for proper sentencing on each intimidation count |
Key Cases Cited
- State v. Saxon, 109 Ohio St.3d 176 (Sup. Ct. Ohio) (Ohio law requires separate sentences for each offense; rejects sentencing-package doctrine)
- State v. Williams, 148 Ohio St.3d 403 (Sup. Ct. Ohio) (disregard of statutory sentencing requirements renders sentence void; void sentences may be attacked at any time)
- State v. Fischer, 128 Ohio St.3d 92 (Sup. Ct. Ohio) (void-sentence jurisprudence; res judicata does not bar review of illegal sentences)
- State v. Evans, 113 Ohio St.3d 100 (Sup. Ct. Ohio) (trial courts may not impose omnibus/lump-sum sentences for multiple convictions)