2018 Ohio 4861
Ohio Ct. App.2018Background
- Edward Taylor pleaded guilty to aggravated murder and attempted murder in exchange for the state dropping capital specifications; the trial court imposed an agreed life sentence with parole eligibility after 30 years.
- On direct appeal (Taylor I), this court held the trial court erred by advising Taylor he might be subject to postrelease control but found that error nonprejudicial and directed deletion of postrelease-control language from the sentencing entry.
- On remand the trial court amended the sentencing entry to delete the postrelease-control reference.
- Taylor filed a pro se motion under R.C. 2929.191(C) seeking correction and a final, appealable order; the trial court denied the motion.
- Taylor appealed, arguing (1) the amended entry violated the one-document rule/Crim.R. 32(Lester) and (2) the court abused its discretion by failing to impose required postrelease control for his first-degree attempted murder conviction.
- The appellate court found the failure to advise/impose postrelease control for the attempted murder conviction dispositive and reversed, remanding for a resentencing hearing limited to postrelease control for the attempted murder count.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Taylor) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by failing to impose postrelease control on remand | Trial court’s amended entry correctly deleted erroneous postrelease-control language per mandate | Trial court failed to impose the mandatory 5-year postrelease control for first-degree attempted murder and must correct sentence | Court held trial court erred: defendant was entitled to notice and postrelease control for attempted murder; remand for limited resentencing |
| Whether the amended judgment complied with the one-document rule/Crim.R. 32 and Lester | Amended entry cured the appellate-mandated deletion | Amended entry violated one-document rule and Lester by failing to set forth the sentence properly | Moot (court remanded for new entry on resentencing limited to postrelease control) |
Key Cases Cited
- State v. Clark, 119 Ohio St.3d 239 (court held aggravated murder not subject to postrelease control)
- State v. Fischer, 128 Ohio St.3d 92 (postrelease-control defects render part of sentence void and require setting aside)
- State v. Jordan, 104 Ohio St.3d 21 (trial courts must notify defendants of postrelease control and include it in entry)
- State v. Grimes, 151 Ohio St.3d 19 (reaffirming notification and entry requirements for postrelease control)
- State v. Lester, 130 Ohio St.3d 303 (Crim.R. 32(C)/one-document rule for sentencing entries)