State v. Romine
2016 Ohio 5308
Ohio Ct. App.2016Background
- Allen W. Romine was sentenced in Franklin County (Jan. 19, 2007) to 4 years for felonious assault and the entry indicated 3 years of post-release control; he was released Feb. 14, 2010.
- While allegedly under that post-release control, Romine was convicted in Pickaway County of complicity to burglary and theft and, on Jan. 28, 2011, received concurrent terms (5 years and 12 months) plus a 754-day judicial-sanction sentence for violating Franklin County post-release control; the 754 days were ordered to be served prior to the concurrent terms.
- Romine filed a Motion to Vacate Judicial-Sanction Sentence (Dec. 3, 2015), arguing Franklin County failed to properly notify him of post-release control, making that portion of the sentence void and rendering his continued confinement unlawful.
- The Pickaway County trial court denied the motion for lack of jurisdiction (Dec. 16, 2015); Romine timely appealed to the Fourth District.
- The Fourth District examined the Pickaway sentencing entry, confirmed the 754-day judicial-sanction was to be served before the new felony sentences, and—using DOC records—found Romine already served the 754 days and is serving his five-year sentence.
- Because Romine already served the challenged judicial-sanction term, the appellate court held his challenge to the length of confinement was moot and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judicial-sanction sentence should be vacated because Franklin County failed to properly impose post-release control | Romine: Franklin County did not properly notify him of PRC or consequences, so PRC and resulting judicial sanction are void; he should be released | State/Pickaway: The Pickaway entry expressly ordered the 754-day judicial sanction to be served prior to the new sentences; Romine has already served that term | The court dismissed the appeal as moot because Romine already served the 754-day judicial-sanction; no relief possible on sentence length now |
Key Cases Cited
- State v. Billiter, 980 N.E.2d 960 (Ohio 2012) (sentence omitting statutorily mandated post-release control is void and reviewable at any time)
- State v. Fischer, 942 N.E.2d 332 (Ohio 2010) (void PRC portion of sentence is not barred by res judicata and may be reviewed collaterally)
- State v. Qualls, 967 N.E.2d 718 (Ohio 2012) (court must give statutorily compliant PRC notifications at sentencing and incorporate them into the entry)