Summary
The Ohio Fourth District Court of Appeals affirmed the revocation of Stephen King Jr.'s judicial release and the imposition of the remaining balance of his original prison sentence. The court held that Ohio Revised Code section 2929.20 governs violations of community control imposed after judicial release, rather than the technical-violation limitations in section 2929.15. The court concluded that the trial court properly reserved and reimposed the balance of King's sentence after he failed to report as required.
Topics
Practice areas
Questions Presented
- Whether R.C. 2929.20(K), rather than R.C. 2929.15, governs revocation of community control imposed after judicial release.
- Whether a failure to report while on community control after judicial release is a violation permitting reimposition of the balance of the reduced prison sentence, even though the violation is not a new criminal offense.
- Whether the sentence reimposing two years and ten months was unsupported by the record or contrary to law under R.C. 2953.08(G)(2).
Holdings
- R.C. 2929.20 governs the revocation of judicial release and reimposition of the reduced prison sentence when the offender was originally sentenced to prison and was later granted judicial release, even though the offender was placed on community control as a condition of release.
- A violation of judicial-release conditions need not be a new criminal offense before the trial court may reimpose the balance of the reduced prison sentence under R.C. 2929.20(K).
- The trial court's reimposition of two years and ten months, the balance of King's reduced prison sentence, was supported by the record and was not contrary to law.
Key quotations
“the rules dealing with a violation of an original sentence of community control should not be confused with those dealing with a violation of community control while on judicial release.” (¶13)
“Thus, the trial court is not limited to reimposing the balance of the reduced sentence only in the event of a violation that constitutes a new offense.” (¶14)
“Based upon the foregoing, we cannot conclude that the trial court erred in imposing the balance of King’s prison sentence of two years and ten months, or that the sentence imposed was contrary to law.” (¶16)
Factual background
King pleaded guilty to fourth-degree felony drug trafficking and fourth-degree felony improper handling of a firearm in a motor vehicle, along with a firearm specification, and received consecutive prison terms totaling forty-six months. The trial court later granted judicial release, imposed four years of intensive community control, and expressly reserved the right to reimpose the remaining two years and ten months if King violated the conditions. King stopped reporting weekly after June 1, 2017, and the trial court revoked his judicial release and imposed the remaining prison term.
Procedural history
King pleaded guilty to drug trafficking and improper handling of a firearm in a motor vehicle and received consecutive prison terms totaling forty-six months. The trial court granted judicial release, placed him on four years of community control, and reserved the right to reimpose the balance of the reduced prison term if he violated the conditions. After King stopped reporting as required, the trial court revoked judicial release and sentenced him to two years and ten months in prison. The Court of Appeals affirmed.