State v. Sims
2014 Ohio 3515
Ohio Ct. App.2014Background
- Sims was indicted on two counts of sexual battery and one count of sexual imposition regarding conduct with his minor stepdaughters.
- He pleaded not guilty, then pled guilty to one count of sexual battery in exchange for dismissal of the others.
- Sentencing occurred October 16, 2013, with a 60-month prison term and a mandatory five-year postrelease control (PRC) requirement announced.
- The judgment entry erroneously stated PRC could last up to five years, creating a clerical error.
- Sims timely appealed, challenging his sentence and the PRC notation; the appellate court reviewed under a deferential standard for felony sentencing.
- The court affirmed the sentence in part, reversed in part, and remanded to correct the sentencing entry to reflect the proper PRC term.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the sentence proper under R.C. 2929.11 and 2929.12? | Sims contends the court failed to consider the statutes. | State contends the record shows the statutes were considered. | Record shows consideration; sentence not contrary to law. |
| Did the PRC imposition contain a clerical error requiring correction? | Court erred by imposing PRC up to five years. | State concedes the error was clerical. | Remand to correct sentencing entry; nunc pro tunc correction authorized. |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (presumes proper consideration of R.C. 2929.11 and 2929.12 if not on the record)
- State v. Adams, 37 Ohio St.3d 295 (1988-Ohio-295) (sufficiency of sentencing-record indication of consideration; syllabus)
- State v. Arnett, 88 Ohio St.3d 208 (2000-Ohio-4370) (no strict language requirement to show 2929.11/2929.12 consideration)
- State v. Williams, 2014-Ohio-2693 (6th Dist. Sandusky No. S-12-039) (no specific language required to show consideration of 2929.12 factors)