State v. Provens
2011 Ohio 5197
Ohio Ct. App.2011Background
- Appellant Armone Provens was indicted in Stark County on murder (with firearm specs), felonious assault, and having weapons while under disability.
- During trial, Provens pled guilty to having weapons under disability; jury later convicted him of reckless homicide and found a firearm on his person.
- Sentences: five years for reckless homicide, five years for having weapons under disability, plus a three-year gun spec, totaling 13 years, plus an added 3 years 54 days for post-release control, all consecutive.
- Appellant’s sentence included post-release control from Stark Case No. 1998CR0124(B); he challenged that entry as void for improper post-release control notice.
- State court denied Provens’ Motion to Vacate and Correct Sentence; he appealed arguing the void post-release control language invalidated the related portion of his sentence.
- Appeals court sustained the assignment of error, reversed and remanded for resentencing to address the void post-release control portion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence was void for improper post-release control notification | Provens: post-release control notice was invalid, invalidating the corresponding portion of sentence | State: proper imposition was unaffected; the sentence could be corrected on remand | Yes, sentence void; remanded for resentencing limited to post-release control |
Key Cases Cited
- State v. Jordan, 104 Ohio St.3d 21 (2004-Ohio-6085) (requirement to notify about post-release control and incorporation into sentencing entry)
- State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (Bezak limits Bezak de novo hearing to proper imposition of post-release control)
- State v. Simpkins, 117 Ohio St.3d 420 (2008-Ohio-1197) (jurisdiction to correct void sentence; res judicata does not bar correction)
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (de novo hearing limited to proper imposition of post-release control)
- State v. Bloomer, 122 Ohio St.3d 200 (2009-Ohio-2462) (notify mandatory nature and length of post-release control; void if not provided)
- State v. Green, Stark App. No. 2010CA00198, 2011-Ohio-1636 (2011-Ohio-1636) (additional Stark appellate authority on post-release control)