State v. Bishop (Slip Opinion)

2018 Ohio 5132, 124 N.E.3d 766, 156 Ohio St. 3d 156
CourtOhio Supreme Court
DecidedDecember 21, 2018
Docket2017-1715 and 2017-1716
StatusPublished
Cited by167 cases

This text of 2018 Ohio 5132 (State v. Bishop (Slip Opinion)) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bishop (Slip Opinion), 2018 Ohio 5132, 124 N.E.3d 766, 156 Ohio St. 3d 156 (Ohio 2018).

Opinions

French, J.

*156{¶ 1} We are asked to resolve a certified conflict between judgments of the Second District Court of Appeals and the Fifth and Eighth District Courts of Appeals on the question "[w]hether a criminal defendant on [postrelease control] for a prior felony must be advised, during his plea hearing in a new felony case, of the trial court's ability under R.C. 2929.141 to terminate his existing [postrelease control] and to impose a consecutive prison sentence for the [postrelease-control] violation." 152 Ohio St.3d 1404, 2018-Ohio-723, 92 N.E.3d 877. We conclude that Crim.R. 11(C)(2)(a) requires that advisement. We answer the certified question in the affirmative and affirm the judgment of the Second District Court of Appeals.

I. Facts and Procedural History

{¶ 2} While on postrelease control for a prior felony conviction, appellee, Dustin Bishop, was indicted on one count of possession of heroin, a fifth-degree felony, and one count of possession of drug paraphernalia, a misdemeanor.

{¶ 3} Bishop pleaded guilty to the possession count, and the state dismissed the drug-paraphernalia count. At Bishop's plea hearing, the trial court informed Bishop that the court could place him on postrelease control for the possession offense. It also informed him that if he committed a new felony while on that postrelease control, the court could sentence him to serve one year in prison or the time remaining on his postrelease control, whichever was longer. The trial *157court did not inform Bishop that once he pleaded guilty to the possession offense, the court would have the authority under R.C. 2929.141 to terminate Bishop's existing postrelease control and impose a prison term that he would serve consecutively to the term of imprisonment imposed for the possession offense. The trial court accepted Bishop's guilty plea and set the matter for sentencing.

{¶ 4} The trial court sentenced Bishop to serve a nine-month term of imprisonment for the possession offense. For the postrelease-control violation, the court ordered Bishop to serve a one-year prison term under R.C. 2929.141 consecutively to the sentence for the possession offense.

{¶ 5} Bishop appealed to the Second District Court of Appeals, raising two assignments of error. Bishop first argued that he had not knowingly, intelligently, and voluntarily pleaded guilty to the possession offense because the trial court had not informed him of its authority under R.C. 2929.141 to terminate his postrelease control and to order him to serve a prison term consecutively to any term of imprisonment imposed for the felony offense to which he was pleading guilty. The appellate court, relying on its prior decisions in State v. Branham , 2d Dist. Clark No. 2013 CA 49, 2014-Ohio-5067, 2014 WL 6090404, and *769State v. Landgraf , 2d Dist. Clark No. 2014 CA 12, 2014-Ohio-5448, 2014 WL 7004830, sustained Bishop's first assignment of error and concluded that the trial court erred by failing to advise Bishop, at the time of his plea, that he could have to serve an additional, consecutive sentence for his current postrelease-control violation. 2017-Ohio-8332, ¶ 7. The appellate court deemed Bishop's second assignment of error moot, reversed the trial court's judgment, vacated Bishop's guilty plea, and remanded the matter for further proceedings. Id. at ¶ 8-9.

{¶ 6} The appellate court, upon the state's motion, certified that its decision conflicted with the Fifth District Court of Appeals' decision in State v. Hicks , 5th Dist. Delaware No. 09CAA090088, 2010-Ohio-2985, 2010 WL 2595153, and the Eighth District Court of Appeals' decision in State v. Dotson , 8th Dist. Cuyahoga No. 101911, 2015-Ohio-2392, 2015 WL 3819178. The state filed a notice of certified conflict and a jurisdictional appeal in this court. We determined that a conflict exists and consolidated the conflict case with the state's jurisdictional appeal. 152 Ohio St.3d 1404

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Cite This Page — Counsel Stack

Bluebook (online)
2018 Ohio 5132, 124 N.E.3d 766, 156 Ohio St. 3d 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bishop-slip-opinion-ohio-2018.