State v. Harris

2012 Ohio 1908, 972 N.E.2d 509, 132 Ohio St. 3d 318
CourtOhio Supreme Court
DecidedMay 3, 2012
Docket2011-0008 and 2011-0010
StatusPublished
Cited by119 cases

This text of 2012 Ohio 1908 (State v. Harris) 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. Harris, 2012 Ohio 1908, 972 N.E.2d 509, 132 Ohio St. 3d 318 (Ohio 2012).

Opinions

McGee Brown, J.

{¶ 1} This matter involves a certified question related to a conflict between the First and Eighth District Courts of Appeals on whether the failure to include a mandatory driver’s license suspension in a criminal sentence renders the sentence void. For the reasons that follow, we answer the question in the affirmative.

{¶ 2} We also accepted discretionary jurisdiction on the following proposition of law: “Because forfeiture of items contemplates actions and issues that extend beyond the criminal case and sentence, Crim.R. 32(C) does not require [that] the forfeiture of items be listed in the sentencing entry.” We agree and reverse the Eighth District Court of Appeals.

[319]*319I. Factual and Procedural Background

{¶ 3} We are presented with two criminal cases against Mario S. Harris Jr. Because the facts in each case are different, we will refer to the cases as Harris I and Harris II for ease of discussion. In Harris I, Harris pleaded guilty to drug trafficking with schoolyard, firearm, and forfeiture specifications and to having a weapon while under a disability with a forfeiture specification. In a June 3, 2008 journal entry, the trial court imposed a prison sentence of five years but failed to impose a mandatory driver’s license suspension and fine,1 as required by R.C. 2925.03(D) and (G). In a June 4, 2008 entry, the trial court ordered the forfeiture of the items specified in the indictment. On January 15, 2010, Harris filed a pro se motion for resentencing, which the court denied. On Harris’s appeal, the Eighth District held that pursuant to State v. Baker, 119 Ohio St.3d 197, 2008-Ohio-3330, 893 N.E.2d 163, the trial court’s denial of Harris’s motion was not a final, appealable order, because the sentencing court had failed to include the terms of forfeiture in the 2008 judgment of conviction. State v. Harris, 190 Ohio App.3d 417, 2010-Ohio-5374, 942 N.E.2d 407, ¶ 7 (8th Dist.).

{¶ 4} In Harris II, Harris pleaded guilty to drug trafficking with an automobile-forfeiture specification. In a June 3, 2008 entry, the trial court imposed a prison sentence and ordered the forfeiture. The court, however, failed to suspend Harris’s driver’s license as required by R.C. 2925.03(D)(2) and (G). In 2010, the court denied Harris’s motion for resentencing. On appeal, the Eighth District held that pursuant to State v. Beasley, 14 Ohio St.3d 74, 471 N.E.2d 774 (1984), the sentence was void because the trial court had failed to include a mandatory driver’s license suspension as part of Harris’s sentence. Harris at ¶ 3. The court reversed the denial of the motion and remanded the case for resentencing. Id.

{¶ 5} The Eighth District certified a conflict between its decision and the First District Court of Appeals’ decision in State v. Thomas, 1st Dist. Nos. C-090716 and C-090463, 2010-Ohio-4856, 2010 WL 3894963. We determined that a conflict exists. 128 Ohio St.3d 1423, 2011-Ohio-1049, 943 N.E.2d 571. The state also appealed the Eighth District’s decision, and we accepted discretionary jurisdiction over the appeal to consider the state’s second proposition of law. 128 Ohio St.3d 1425, 2011-Ohio-1049, 943 N.E.2d 572. We consolidated the cases for review.

II. Analysis

Statutorily Mandated Term

{¶ 6} We first address the conflict: “Does the failure to include a mandatory driver’s license suspension in a criminal sentence render that sentence void?”

[320]*320{¶ 7} This court has consistently recognized a narrow exception to the general rule that sentencing errors are not jurisdictional. Colegrove v. Bums, 175 Ohio St. 437, 195 N.E.2d 811 (1964); State v. Fischer, 128 Ohio St.3d 92, 2010-Ohio-6238, 942 N.E.2d 332. Where a trial court fails to impose a sentence in accordance with statutorily mandated terms, it is void. Colegrove at 438; Beasley, 14 Ohio St.3d at 75, 471 N.E.2d 774; Fischer at ¶ 8.

{¶ 8} After comprehensive changes were made to the criminal sentencing code under 1995 Am.Sub.S.B. No. 2, effective July 1, 1996, we have had cause to consider numerous cases involving instances in which a trial court has failed to properly include a statutorily mandated term in an offender’s sentence. Woods v. Telb, 89 Ohio St.3d 504, 733 N.E.2d 1103 (2000); State v. Jordan, 104 Ohio St.3d 21, 2004-Ohio-6085, 817 N.E.2d 864; Hernandez v. Kelly, 108 Ohio St.3d 395, 2006-Ohio-126, 844 N.E.2d 301; State v. Singleton, 124 Ohio St.3d 173, 2009-Ohio-6434, 920 N.E.2d 958; State v. Joseph, 125 Ohio St.3d 76, 2010-Ohio-954, 926 N.E.2d 278; Fischer.

{¶ 9} In Jordan, we reviewed the statutory requirements for the imposition of postrelease control and held that because a trial court has a statutory duty to provide notice of postrelease control at the sentencing hearing, any sentence imposed without that notification is contrary to law. Jordan at ¶ 23. The court determined that a trial court is required to notify the offender about postrelease control at the sentencing hearing and is further required to incorporate that notice into its journal entry imposing sentence. Id. at ¶ 9. The court determined that the proper remedy for any sentencing error was to remand to the trial court for resentencing. Jordan at ¶ 27.

{¶ 10} The court reiterated this principle in State v. Bezak, 114 Ohio St.3d 94, 2007-Ohio-3250, 868 N.E.2d 961, ¶ 16, in which the court held that when an offender is convicted of or pleads guilty to one or more offenses and postrelease control is not properly included in a sentence for a particular offense, the sentence for that offense is void. Id. at ¶ 16. In considering the type of resentencing, the court held that when a court of appeals remands a case for resentencing because of the trial court’s failure to inform the offender at the sentencing hearing that he or she may be subject to postrelease control, the court must conduct a new sentencing hearing in its entirety rather than a hearing limited to reimposing the original sentence with proper notice of postrelease control. Id. at ¶ 13, overruled, Fischer, 128 Ohio St.3d 92, 2010-Ohio-6238, 942 N.E.2d 332, ¶ 36.

{¶11} In Joseph, 125 Ohio St.3d 76, 2010-Ohio-954, 926 N.E.2d 278, we considered whether a trial court’s failure to inform an offender in open court of mandatory court costs rendered the offender’s entire sentence void. We held that it did not. We explained that there were significant differences between

[321]*321postrelease control and court costs. Specifically, a trial court has a statutory duty to impose postrelease control, while an order to require payment of court costs is discretionary. Id. at ¶ 14-18. Moreover, we noted that the civil nature of court costs distinguished it from the criminal punishment of postrelease control. Id. at ¶ 20-22.

{¶ 12} The court in Fischer reaffirmed part of the holding in Bezak,

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Bluebook (online)
2012 Ohio 1908, 972 N.E.2d 509, 132 Ohio St. 3d 318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harris-ohio-2012.