2018 Ohio 873
Ohio Ct. App.2018Background
- Defendant Brian L. Spencer pled guilty to one count of involuntary manslaughter for the death of his six-week-old child after admitting the prosecutor’s factual recitation at the plea hearing.
- Prosecutor’s facts and the PSI/autopsy showed the child suffered multiple skull fractures, extensive bruising, and massive head trauma; investigation notes said Spencer had been huffing paint and allegedly beat the child.
- At sentencing the trial court considered the PSI, victim-impact statements, Spencer’s age (21), substance-abuse history, prior juvenile and adult convictions (including a 2015 burglary with a one-year term), and found no genuine remorse.
- The court imposed an 11-year prison term (the statutory maximum) for involuntary manslaughter and an additional consecutive 735-day sentence for committing a felony while on post-release control for the 2015 burglary.
- Spencer appealed, arguing (1) the 11-year sentence was not supported by the record and (2) the 735-day post-release-control sanction was improper because post-release control was void in his 2015 burglary case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 11-year statutory-maximum sentence for involuntary manslaughter is supported by the record | State argued sentencing court properly considered PSI, autopsy, investigation facts showing severe abuse and death | Spencer argued the court effectively punished him as if convicted of murder, failed to credit his acceptance of responsibility, youth, and treatment recommendation | Court affirmed: record (PSI, autopsy, investigation) supported maximum sentence; court considered age and treatment and did not clearly and convincingly fail to support sentence |
| Whether the 735-day consecutive sentence for committing a felony while on post-release control was valid | State argued Spencer was on post-release control and thus subject to sanction for committing a new felony | Spencer argued post-release control was void in his 2015 burglary case because the sentencing court failed to properly advise him of post-release control consequences | Court reversed: post-release control in 2015 burglary was void due to inadequate advisement; thus the 735-day sanction was vacated and any time served credited toward the manslaughter term |
Key Cases Cited
- State v. Qualls, 131 Ohio St.3d 499, 967 N.E.2d 718 (Ohio 2012) (post-release-control was void where trial court failed to properly advise defendant at sentencing)