State v. Hawkins

Summary

The Ninth District Court of Appeals of Ohio affirmed the Summit County Court of Common Pleas' denial of Don Nell Hawkins's motions challenging his drug-trafficking conviction and sentence based on alleged deficiencies in post-release-control notifications. The court held that, because Hawkins had fully served the prison portion of his sentence, the trial court lacked jurisdiction to modify the sentence.

Holdings

1. Even assuming Hawkins was not properly informed of post-release control, only the post-release-control portion of the sentence would be void; the conviction, determination of guilt, and lawful portions of the original sentence remain subject to res judicata.
2. Once the prison-sanction portion of a sentence has been fully served, the trial court lacks jurisdiction to modify the sentence in any way, including to add or correct post-release control.

Questions Presented

1. Whether the trial court erred in denying Hawkins's motions seeking to have his drug-trafficking conviction or sentence declared void because the sentencing entry allegedly failed to include the mandatory post-release-control notifications under R.C. 2929.19(B)(3)(b) and (e).
2. Whether a trial court retains jurisdiction to review or modify a sentence to correct post-release-control notification after the prison-sanction portion of the sentence has been fully served.

Disposition

affirmed