State v. Valentine
2015 Ohio 5396
Ohio Ct. App.2015Background
- Defendant Stephen J. Valentine pled guilty to murder, a specified felony, domestic violence, and tampering with evidence, with other charges dismissed and a waiver of appellate rights.
- Plea allowed merger argument for murder and domestic violence for sentencing purposes.
- During plea, the court warned of three years’ mandatory post-release control (PRC) if counts did not merge and three years’ discretionary PRC if merged.
- At sentencing, the court and parties agreed the domestic violence count merged with murder, imposing 15 years to life for murder and 36 months for tampering with evidence, with the court stating three years of PRC.
- The judgment entry misstated PRC as five years; Valentine appealed, with appellee conceding the correct term is a 3-year discretionary PRC, and the issue of proper PRC notification arose.
- The court held the murder and merged counts are not subject to PRC; tampering with evidence is discretionary PRC for 3 years; a misstatement in sentencing required remand for a de novo hearing under R.C. 2929.191.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Valentine received proper notice and the correct term of post-release control. | State concedes PRC should be 3-year discretionary. | Valentine argues improper notice and incorrect PRC term. | Remanded for de novo PRC hearing; 3-year discretionary PRC on tampering; others not subject. |
Key Cases Cited
- State v. Crawley, 2010-Ohio-5098 (5th Dist. Stark, 2010) (remedial procedure under R.C. 2929.191 for correcting judgments)
- State v. Harris, 2011-Ohio-1072 (8th Dist. Cuyahoga, 2011) (notification must occur at sentencing)
- State v. Jordan, 2004-Ohio-6085 (Ohio Supreme Court, 2004) (mandatory notification at sentencing)
- State v. Qualls, 131 Ohio St.3d 499 (Ohio 2012) (nunc pro tunc cannot correct substantive sentencing errors)