State v. Unik, 2012 Ohio 307

Unik was indicted on theft charges; case consolidated with related cases under 09CR078906.
On May 11, 2010, Unik pled guilty to seventeen theft offenses and one count of engaging in a pattern of corrupt criminal activity.
He received an aggregate four-year sentence to be served consecutively to another prison sentence from Medina County.
On March 14, 2011, Unik moved for judicial release; the trial court denied the motion on March 23, 2011, with inconsistent journal entries thereafter noting a hearing on April 25, 2011.
A hearing occurred on April 25, 2011, and the motion was denied.
Unik appealed, arguing the denial breached his plea agreement; the appellate court affirmed the trial court’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did denial of judicial release breach the plea agreement?	Unik asserts a plea agreement guaranteed judicial release after six months.	State contends no enforceable plea agreement guaranteeing release existed.	Assignment of error overruled; no breach shown.

State v. Woods, 141 Ohio App.3d 549 (9th Dist.2001) (denial of motion for judicial release not a final appealable order (except for plea-breach context))
State ex rel. Rowe v. McCown, 108 Ohio St.3d 183 (2006-Ohio-548) (establishes narrow exception for appealability in plea-breach contexts)
State v. Jimenez, 2009-Ohio-4337 (9th Dist.No.24609, 2009-Ohio-4337) (applies plea-breach exception to jurisdiction)
State v. Daniels, 2009-Ohio-1712 (9th Dist.No.08CA009488, 2009-Ohio-1712) (record completion burden on appellant; missing transcripts default to regularity)
Lunato v. Stevens Painton Corp., 2008-Ohio-3206 (9th Dist.No.08CA009318, 2008-Ohio-3206) (duty to ensure record on appeal; incomplete record leads to presumption of regularity)
State v. Jones, 2006-Ohio-2278 (9th Dist.No.22701, 2006-Ohio-2278) (regularity presumption when record incomplete)