State v. Williams
2011 Ohio 3267
Ohio Ct. App.2011Background
- Williams, pro se, appeals denial of motion to correct void sentence.
- This appeal challenges postrelease control imposition from a 2003 sentencing.
- Trial court sentenced Williams on involuntary manslaughter, aggravated arson, and aggravated robbery with firearm specs; postrelease control was mandatory but not properly reflected.
- Journal entry stated postrelease control existed but did not specify five-year mandatory term nor the potential additional term.
- Appellate review proceeded despite res judicata concerns, citing Fischer to scrutinize postrelease-control impositions.
- Court remanded to correct the October 6, 2003 sentencing entry to reflect five years of mandatory postrelease control and potential additional term up to one-half the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams’ sentence was void for improper postrelease-control notice. | Williams argues five-year mandatory PRC was not properly stated. | Williams contends trial court failed to impose mandatory PRC terms. | Remand for journal-entry correction; notice issue requires record correction, not resentence. |
| Whether the sentencing journal entry properly reflected mandatory postrelease control. | Journal entry failed to specify five-year PRC and potential additional term. | Trial court failed to include mandatory terms and parole-condition consequences. | Remand to correct journal entry to reflect five-year mandatory PRC and possible additional term. |
Key Cases Cited
- State v. Fischer, 128 Ohio St.3d 92 (2010-Ohio-6238) (remedy for improper postrelease control without remand; de novo hearing not always required)
- State v. James, 2010-Ohio-5361 (2010-Ohio-5361) (notice to parole board about potential additional incarceration for PRC violations)
- State v. Rice, 2011-Ohio-1929 (2011-Ohio-1929) (remand to correct sentencing journal entry to reflect PRC terms)
- State v. Norris, 2011-Ohio-1795 (2011-Ohio-1795) (remedial options for void sentences involving PRC)
- State v. Williams, 2011-Ohio-316 (2011-Ohio-316) (prior related appellate rulings on PRC and corrections)
- State v. Bezak, 114 Ohio St.3d 94 (2007-Ohio-3250) (Bezak framework for void sentences and postrelease control)
- State v. Singleton, 124 Ohio St.3d 173 (2009-Ohio-6434) (postrelease-control considerations post-Bezak)
- State v. Nicholson, 2001-Ohio-14 (2001-Ohio-14) (insufficient PRC language when sentence says ‘may be’ PRC)
- Knapp v. Edwards Labs, 61 Ohio St.2d 197 (1980) (appellate review duty to provide necessary transcripts)