State v. Pyne
2014 Ohio 3037
Ohio Ct. App.2014Background
- State appeals from a trial court’s dismissal of Pyne’s escape indictment.
- Pyne pleaded guilty in 2009 to failing to verify his address, was sentenced to 3 years in prison, and his sentencing entry failed to include postrelease-control consequences.
- Pyne completed his prison term and, while on postrelease control, allegedly failed to report to his parole officer in Sept. 2012.
- Pyne was indicted for escape in July 2013.
- The trial court dismissed the indictment, and the State appeals, arguing proper notice or correction would sustain the charge.
- The appellate court affirms, holding the postrelease-control notice issues voided the underlying postrelease-control status and thus the escape indictment must be dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of journalized postrelease-control consequences voids control | Pyne was notified at sentencing and the journal entry references postrelease control | Failure to journalize negates postrelease control and invalidates escape charge | Indictment dismissal affirmed; lack of entry notice voids postrelease control |
| Whether nunc pro tunc correction could cure notice defect | Notice at sentencing plus journal entry referencing 2967.28 suffices | Correction cannot cure void postrelease-control status if entry lacks proper notice | Correction cannot save escape charge; dismissal upheld |
Key Cases Cited
- State v. Jordan, 104 Ohio St.3d 21 (2004) (trial court must notify at sentencing and include in entry; void otherwise)
- State v. Qualls, 131 Ohio St.3d 499 (2012) (nunc pro tunc correction allowed when notice given at sentencing and before term ends)
- State v. Elliott, 8th Dist. Cuyahoga No. 100404 (2014-Ohio-2062) (notification at hearing plus entry correction; proper notice essential)
- State v. Fischer, 128 Ohio St.3d 92 (2010) (mandatory notice and entry inclusion for postrelease control)
- State v. Mills, 8th Dist. Cuyahoga No. 100417 (2014-Ohio-2188) (ongoing postrelease-control notice requirements affirmed)
- State v. Viccaro, 8th Dist. Cuyahoga No. 99816 (2013-Ohio-3437) (discusses postrelease-control notification and entry requirements)