State v. Wade
2015 Ohio 5171
Ohio Ct. App.2015Background
- Defendant Luther E. Wade pled guilty to one count of aggravated burglary (first-degree felony); a firearm specification was dismissed as part of the plea agreement.
- At sentencing the trial court imposed a 10-year prison term, a mandatory five-year term of post-release control, and ordered court costs and jail-time credit (entry stated credit from November 30, 2014 "until conveyance to the penitentiary system").
- The court’s oral pronouncement did not detail the consequences of violating mandatory post-release control; the written judgment entry included more detailed post-release-control language.
- The court did not state a specific number of days of jail-time credit during the sentencing hearing; the written entry provided a date-range rather than a totaled number of days.
- Wade argued on appeal that several sentencing deficiencies rendered his sentence void (post-release control, drug-testing advisals, jail-time credit, and notice about community-service-for-costs); the State conceded the post-release-control advisal was deficient.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wade) | Held |
|---|---|---|---|
| Proper imposition of mandatory post-release control | Post-release-control advisal at sentencing was insufficient and must be corrected, but only that portion should be vacated | Court failed to inform Wade of post-release-control consequences at the hearing; that omission renders the sentence void | Trial court failed to adequately advise; portion imposing post-release control reversed and remanded for proper advisal and resentencing on that issue |
| Drug-testing advisals under R.C. 2929.19(B)(2)(f) | Omission is harmless; those advisals create no substantive rights and are not for defendant’s benefit | Failure to advise of drug-use prohibition and random testing renders sentence void | No reversible error; advisals serve institutional testing purposes and omission is harmless |
| Jail-time credit specification | Trial court’s form entry provided date-range; Department will apply credit; no need to vacate sentence | Court failed to state total days of pre-conviction confinement at sentencing and deprived Wade of opportunity to be heard; error requires correction | Remand required: trial court must specify total days of jail-time credit and afford Wade opportunity to be heard because R.C. 2949.08(B) requires a days-total |
| Notice re: community service for unpaid costs | Not required for prison sentences under amended R.C. 2947.23(A)(1); provision applies to nonresidential/community-control sanctions | Court’s failure to advise about possible community service to satisfy costs invalidates costs order | No error: statute no longer requires advising defendants sentenced to prison about community-service-for-costs |
Key Cases Cited
- State v. Qualls, 967 N.E.2d 718 (Ohio 2012) (trial court must notify defendant of post-release-control and consequences)
- State v. Fischer, 942 N.E.2d 332 (Ohio 2010) (improper imposition of post-release control renders that portion of judgment void)
- State ex rel. Rankin v. Ohio Adult Parole Auth., 786 N.E.2d 1286 (Ohio 2003) (trial court makes factual determination of number of days of jail confinement to be credited toward sentence)