2012 Ohio 1513
Ohio Ct. App.2012Background
- Walker pled guilty in 2008 to three counts of complicity to forgery, each a fifth-degree felony.
- He was sentenced in 2008 to three concurrent ten-month prison terms.
- The trial court then ordered post-release control terminated after finding a 56-day remaining PRC period, but imposed an additional one-year prison term for the PRC violation, to be served consecutively to Counts One–Three.
- The court advised the possibility of up to three years of post-release control after completion of the term.
- In 2011, Walker moved to Correct Void Sentence, contending his Cuyahoga County PRC sentence was void for inadequate notice under R.C. 2929.19(B)(3)(e).
- Ashland County Court of Common Pleas denied the motion; the court acknowledged the Cuyahoga sentence was imposed by a different county court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether voiding the Cuyahoga PRC sentence voided the Ashland sentence | Walker argues the Cuyahoga sentence was void for improper notice, so the Ashland court should not impose another PRC-related term. | Walker contends the Ashland court erred in imposing an additional year for PRC violation regardless of the voidness claim. | Assignment I overruled; Ashland's imposition of PRC term valid. |
| Whether costs were properly imposed on denial of the motion | Walker asserts costs cannot be assessed in the void-sentence ruling if not in open court at sentencing. | State contends costs arising from the denial of the motion are permissible in the judgment entry. | Assignment II overruled; costs affirmed. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (void vs voidable judgments; lack of jurisdiction analysis)
- State v. Henderson, 2011-Ohio- (5th Dist. No. 10-COA-012, 2011-Ohio-4751) (postrelease-control misadvisement not automatically voiding other sentences)
- State v. Hill, 2008-Ohio-2867 (5th Dist. CT2007-0042) (trial court may impose PRC violation sentence from another county)
- State v. Joseph, 125 Ohio St.3d 76 (2010-Ohio-954) (jury costs/ sentencing hearing timing; open court requirements)
- State v. Dansby, 2009-Ohio-2975 (5th Dist. No. 08 AP 06 0047) (costs when denying post-release-violation motion)