2019 Ohio 950
Ohio Ct. App.2019Background
- Chad E. West was convicted by jury in 2001 of rape, kidnapping, and burglary; originally sentenced February 4, 2002 to an aggregate 13-year prison term.
- Appellate court vacated the 2002 judgment for failure to make consecutive-sentence findings and remanded for resentencing.
- On January 30, 2003 the trial court resentenced West to an aggregate 13 years and stated in the journal that the court "notified the Defendant, orally and in writing, of the applicable periods of post-release control pursuant to R.C. 2929.19(B)(3)(c)(d) and (e)." West did not appeal the 2003 judgment.
- In May 2018 West moved to vacate the post-release-control (PRC) portion of his sentence; the trial court denied the motion on May 31, 2018.
- On appeal West argued (1) the sentencing entry failed to incorporate required PRC details and is therefore void, and (2) he was not properly notified that the Adult Parole Authority would administer PRC under R.C. 2967.28.
- The court found the January 30, 2003 journal entry deficient for failing to state whether PRC was mandatory or discretionary and for failing to state the PRC duration; remanded for a nunc pro tunc entry correcting the journal entry because no sentencing-transcript was provided to rebut the presumption that oral notice occurred at the hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2003 sentencing entry properly incorporated legally required PRC details | State: Grimes cannot be applied retroactively because West's conviction was final | West: Journal entry omitted mandatory elements (nature and duration) so PRC portion is void | The entry omitted required PRC details; Grimes applies and the judgment is defective; remand for nunc pro tunc correction |
| Whether oral notification at resentencing was adequate regarding APA supervision | State: Presume regularity; oral notice occurred | West: He was not properly notified that APA would supervise under R.C. 2967.28 | No transcript was provided so court presumed regularity and oral notice was given; this claim is denied |
Key Cases Cited
- State v. Grimes, 151 Ohio St.3d 19 (2017) (trial court must notify offender of PRC at sentencing and incorporate required PRC details into the journal entry)
- State v. Jordan, 104 Ohio St.3d 21 (2004) (trial court must provide notice of PRC at sentencing and incorporate that notice into the journal entry)