State v. Smith
2011 Ohio 3109
Ohio Ct. App.2011Background
- Smith was indicted for two felony DUI counts with five prior convictions; pled guilty to both in March 2009; sentenced to four years in June 2009.
- The 2009 judgment entry did not notify that the parole board may impose up to half the original term upon postrelease-control violation.
- Smith moved for resentencing (June 2010) and to withdraw his plea (June 2010), both denied.
- He appeals, consolidating the two cases, challenging the sentencing entry's postrelease-control notice.
- Ohio Supreme Court precedent evolved from Bezak to Fischer, Singleton-Remedial measures under R.C. 2929.191 apply to cure void portions rather than void the entire sentence.
- Appellate court affirms the trial court, holding only the postrelease-control portion is void and must be corrected while remainder stands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence’s postrelease-control defect rendered it void. | Smith argues the defect voids the sentence. | Smith contends Bezak voidifies the sentence; must be corrected. | Void portion corrected; remainder upheld. |
| Whether a void sentence requires pre- or post-sentencing plea withdrawal review. | Boswell-like pre-sentencing standard should apply. | Fischer/Deskins control; plea withdrawal is post-sentencing. | Plea withdrawal reviewed post-sentencing; not pre-sentencing. |
Key Cases Cited
- State v. Simpkins, 117 Ohio St.3d 420 (Ohio 2008) (void postrelease-control portion must be vacated under prior rule)
- State v. Bezak, 114 Ohio St.3d 94 (Ohio 2007) (void sentence due to improper postrelease-control notification)
- State v. Singleton, 124 Ohio St.3d 173 (Ohio 2009) (remedial procedures under R.C. 2929.191 may cure void postrelease-control)
- State v. Fischer, 128 Ohio St.3d 92 (Ohio 2010) (remedy partial; remainder of sentence remains intact; postrelease-control error cured)
- State v. Boswell, supreme court of Ohio, 121 Ohio St.3d 575 (Ohio 2009) (pre-sentencing withdrawal standard under Boswell not controlling after Fischer)
- State v. Deskins, 2011-Ohio-2605 (9th Dist.) (post-sentencing withdrawal standard; aligns with Fischer)