State v. Rollins
2011 Ohio 2652
Ohio Ct. App.2011Background
- Appellant Mark S. Rollins pleaded guilty to burglary and attempted burglary in Richland County (2004).
- Original Richland County sentence: 3 years for burglary and 12 months for attempted burglary, to run concurrently with each other but consecutively to other cases; potential PRC noted but not term specified.
- Paulding County imposed separate sentences in 2005 for drug-related offenses to be served consecutively to the Richland County term, forming an aggregate term.
- In 2009, Paulding County resentenced Rollins to a mandatory PRC term of 3 years after release; Richland County later resentenced Rollins in 2010 to add a 3-year mandatory PRC term.
- Rollins argued the Richland County resentencing was void because the Richland County sentence had expired before the 2010 resentencing.
- The trial court’s 2010 resentencing judgment was ultimately found void; the 2004 Richland County judgment was reinstated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2010 resentencing was void for lack of jurisdiction. | Rollins contends his Richland County term expired, stripping the court of authority to resentence. | State contends the court could resentence prior to the aggregate term's expiration and that Paulding County's term is part of the aggregate. | Yes; the 2010 resentencing was void for lack of jurisdiction. |
| Application of R.C. 2929.191(A)(1) to multiple concurrent/arising sentences. | Rollins completed the Richland term, so rescinding later PRC was improper. | Resentencing could occur before release on the overall (aggregate) term. | R.C. 2929.191(A)(1) applies to the Richland County term, not the separate Paulding term. |
Key Cases Cited
- State v. Henry, 2007-Ohio-5702 (Stark App. No. 2006-CA-00245, 2007) (void resentencing when the sentence in the case has been completed)
- State v. Bristow, 2007-Ohio-1864 (Lucas App. No. L-06-1230, 2007) (jurisdiction to resentence when term completed on instant case)
- State v. Turner, 2007-Ohio-2187 (Franklin App. No. 06AP-491, 2007) (expiration of journalized sentence governs authority to resentence)
- State v. Ferrell, 2008-Ohio-5280 (Hamilton App. No. C0707-99, 2008) (two separate county sentences not aggregation for resentence purposes)
- State v. Arnold, 2009-Ohio-3636 (Ohio App.3d 238, 938 N.E.2d 45, 2009) (expiration of journalized sentence determines authority to resentence for PRC)