Summary
The Eighth District Court of Appeals of Ohio reversed orders concerning Rico Trone’s postrelease control in two consolidated criminal cases. The court held that postrelease control was improperly imposed in the community-control-violation case and that the sentencing entry in the escape case could not be corrected nunc pro tunc after Trone had completed his prison term. The court ordered that Trone be released from postrelease control in both cases.
Holdings
- A community-control-violation hearing is a new sentencing hearing, and the trial court must advise the offender at that hearing of the applicable postrelease-control term and consequences. Because the court gave Trone no postrelease-control advisement at that hearing, the postrelease-control portion of the sentence was contrary to law and could not be corrected after Trone completed his prison term.
- Trone could appeal the incorrect nunc pro tunc sentencing entry because the entry imposed a void postrelease-control order and was issued in response to the state's request for corrective relief.
- The trial court could not correct the escape-case sentencing entry nunc pro tunc after Trone completed his prison term and was released. The postrelease-control provision therefore remained void, and Trone had to be released from postrelease control in that case.
Questions Presented
- Whether the trial court properly imposed postrelease control in the community-control-violation case when it failed to advise Trone of postrelease control at the second sentencing hearing.
- Whether the trial court could correct the defective postrelease-control provisions by nunc pro tunc entry after Trone had completed his prison terms and been released.
- Whether Trone could appeal the nunc pro tunc entry in the escape case even though he had not separately moved to vacate postrelease control in that case.
- Whether the escape-case nunc pro tunc entry accurately corrected a clerical error when it changed the term to three years mandatory rather than the three-year discretionary term announced at sentencing.
Disposition
reversed
Cases Cited (18)
- State v. Priest, 8th Dist. Cuyahoga No. 100614, 2014-Ohio-1735, ¶ 1(followed)
- State v. Grimes, 151 Ohio St. 3d 19, 2017-Ohio-2927, 85 N.E.3d 700(followed)
- State v. Qualls, 131 Ohio St. 3d 499, 2012-Ohio-1111, 967 N.E.2d 718(followed)
- State v. Jordan, 104 Ohio St. 3d 21, 2004-Ohio-6085, 817 N.E.2d 864(followed)
- State v. Fraley, 105 Ohio St. 3d 13, 2004-Ohio-7110, 821 N.E.2d 995(followed)
- State v. Lester, 130 Ohio St. 3d 303, 2011-Ohio-5204, 958 N.E.2d 142(followed)
- State ex rel. Fogle v. Steiner, 74 Ohio St. 3d 158, 656 N.E.2d 1288 (1995)(followed)
- State v. Miller, 127 Ohio St. 3d 407, 2010-Ohio-5705, 940 N.E.2d 924(followed)
- State ex rel. Womack v. Marsh, 128 Ohio St. 3d 303, 2011-Ohio-229, 943 N.E.2d 1010(followed)
- State v. Fischer, 128 Ohio St. 3d 92, 2010-Ohio-6238, 942 N.E.2d 332(followed)
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Court Document
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