State v. Pullen
2012 Ohio 1498
Ohio Ct. App.2012Background
- Pullen pled guilty to felony theft in the Common Pleas Court.
- The court sentenced Pullen to ten months in prison and ordered restitution of $1,165.40.
- At sentencing, the court stated the post-release control notice would apply and referenced the statutory warning.
- The December 20, 2010 sentencing entry incorrectly stated post-release control and did not properly notify of up to one-half of the original sentence for violations.
- Pullen has since been released from imprisonment, so remand for correction is constrained by timing and cannot reimpose or modify post-release control.
- The appellate court vacates post-release control and remands for noting on the record that Pullen is not subject to resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Effect of faulty post-release control notice | State argues notice requirement violated | Pullen contends improper notice invalidates control | Notice defective; remedy limited by release status |
| Proper remedy when sentencing entry lacks required notice | State urges correction via R.C. 2929.191 or Davis-type remand | Pullen’s release precludes correction under statutory procedure | Remand not executable; post-release control vacated and no resentencing |
| Parole board notification alternative under statute | Parole board notice could satisfy notice requirement | Statutory notice via parole board may satisfy requirement if provided pre-release |
Key Cases Cited
- State v. Singleton, 124 Ohio St.3d 173 (2009) (requires proper post-release control notification in sentencing or corrected entry for post-2006 sentences)
- State v. Walls, 2009-Ohio-4985 (8th Dist.) (parole-board notification can validate post-release control when court failed to notify)
- State v. Bloomer, 122 Ohio St.3d 200 (2009) (parole-board notification cannot substitute for court-imposed post-release control must be timely imposed)
- State v. Singleton, 124 Ohio St.3d 173 (2009) (processed above; see be provided)
- State v. Leasure, 2011-Ohio-3666 (9th Dist.) (vacating post-release control where entry failed to state parole-board imposition)