State v. Jordan

104 Ohio St. 3d 21
Ohio Supreme Court·Decided December 1, 2004·No. Nos. 2002-1888 and 2003-0567·Published·Cited by 640 cases

Opinions

O’Donnell, J.

{¶ 1} In these separate appeals, which we have consolidated for opinion purposes, we confront conflicting appellate resolutions of the situation that occurs when a trial court fails to notify an offender about postrelease control at the time of sentencing but incorporates that notice into its sentencing entry. We are called upon to settle the issue as presented in the following two cases:

State v. Elven Finger: case No. 2003-0567

{¶ 2} A Cuyahoga County petit jury returned verdicts finding Elven Finger guilty of three counts of felonious assault, all felonies of the second degree; for these offenses, R.C. 2967.28(B)(2) specifies a three-year period of mandatory postrelease control. Although the trial court did not notify Finger at the sentencing hearing that mandatory postrelease control would be part of his sentence, the court included it in the sentencing entry. Because the trial court did not notify Finger about postrelease control at the sentencing hearing, upon review, the appellate court ordered that postrelease control was not part of his [23] sentence. State v. Finger, Cuyahoga App. No. 80691, 2003-Ohio-402, 2003 WL 194773, at ¶ 101.

State v. Lenorris Jordan: case No. 2002-1888

{¶ 3} Following his plea of no contest to one count of possession of cocaine, a felony of the fifth degree, the Cuyahoga County Court of Common Pleas convicted Lenorris Jordan of that offense. Upon the trial court determining that a prison term was necessary, R.C. 2929.19(B)(3)(d) required the court to advise Jordan that he could be subject to a period of postrelease control after his release from imprisonment if the parole board determined that to be necessary for him. The court did not notify Jordan at the sentencing hearing that he could be subject to postrelease control, but it included that notice in its sentencing entry. Upon appellate review, the court remanded the matter for resentencing. State v. Jordan, Cuyahoga App. No. 80675, 2002-Ohio-4587, 2002 WL 2027525, at ¶ 14-16.

{¶ 4} These cases are similar in that the trial courts in both instances failed to notify the offenders about postrelease control at the sentencing hearings but properly incorporated postrelease control into the respective sentencing entries. A chief distinction between them, however, arises in that State v. Finger involves a period of mandatory postrelease control, while State v. Jordan involves a period of up to three years of postrelease control imposed at the discretion of the Adult Parole Authority, provided however, that the trial court has complied with our decision in Woods v. Telb (2000), 89 Ohio St.3d 504, 733 N.E.2d 1103.

{¶ 5} One of the principal issues for our resolution, therefore, concerns whether a sentencing court satisfies R.C. 2929.19(B)(3) when it incorporates postrelease control into a sentencing entry but fails to notify the offender about it at the sentencing hearing.

{¶ 6} As a general rule, a court speaks only through its journal. Kaine v. Marion Prison Warden (2000), 88 Ohio St.3d 454, 455, 727 N.E.2d 907; Schenley v. Kauth (1953), 160 Ohio St. 109, 51 O.O. 30, 113 N.E.2d 625, paragraph one of the syllabus (“A court of record speaks only through its journal and not by oral pronouncement or mere written minute or memorandum”). ‘Were the rule otherwise it would provide a wide field for controversy as to what the court actually decided.” Indus. Comm. v. Musselli (1921), 102 Ohio St. 10, 15, 130 N.E. 32.

{¶ 7} Crim.R. 32(C) is reflective of this long-standing rule in Ohio. Kaine, 88 Ohio St.3d at 455, 727 N.E.2d 907. It states:

{¶ 8} “A judgment of conviction shall set forth the plea, the verdict or findings, and the sentence. If the defendant is found not guilty or for any other reason is entitled to be discharged, the court shall render judgment accordingly. The judge shall sign the judgment and the clerk shall enter it on the journal. A [24] judgment is effective only when entered on the journal by the clerk” (Emphasis added.)

{¶ 9} In enacting Am.Sub.S.B. No. 2, 146 Ohio Laws, Part IV, 7136, effective July 1, 1996, the General Assembly has placed additional duties on the trial courts of this state in furtherance of its goal of achieving “truth in sentencing.” See State v. Martello, 97 Ohio St.3d 398, 2002-Ohio-6661, 780 N.E.2d 250, ¶ 10; see, also, R.C. 181.24. The law now makes sentencing a more complex task and requires a court to make findings when it exercises its discretion to impose the maximum sentence, consecutive sentences, or more than the minimum sentence. See, inter alia, State v. Comer, 99 Ohio St.3d 463, 2003-Ohio-4165, 793 N.E.2d 473; see, also, State v. Brooks, 103 Ohio St.3d 134, 2004-Ohio-4746, 814 N.E.2d 837. Now, in order to properly impose sentence in a felony case, a trial court must consider and analyze numerous sections of the Revised Code to determine applicability and must provide notice to offenders at the sentencing hearing and incorporate that notice into its journal entry. See, e.g., R.C. 2925.02, 2929.11, 2929.12, 2929.13, 2929.14, 2929.15, and 2929.18. Nonetheless, in every sentencing, courts must follow the dictates of the General Assembly.

{¶ 10} Due to the present complexity of sentencing, S.B. 2 envisions participation by both the prosecutor and defense counsel at the sentencing hearing. See R.C. 2929.11 et seq. It also affords the parties meaningful review of sentencing decisions. R.C. 2953.08(G)(2); see, also, Comer, at ¶ 10; State v. Brooks, 103 Ohio St.3d 134, 2004-Ohio-4746, 814 N.E.2d 837.

{¶ 11} Today, we consider cases governed by R.C. 2929.19(B)(3), which states:

{¶ 12} “Subject to division (B)(4) of this section, if the sentencing court determines at the sentencing hearing that a prison term is necessary or required, the court shall do all of the following:

{¶ 13} “ * * *

{¶ 14} “(c) Notify the offender that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison if the offender is being sentenced for a felony of the first degree or second degree, for a felony sex offense, or for a felony of the third degree in the commission of which the offender caused or threatened to cause physical harm to a person;

{¶ 15} “(d) Notify the offender that the offender may be supervised under section 2967.28 of the Revised Code after the offender leaves prison if the offender is being sentenced for a felony of the third, fourth or fifth degree that is not subject to division (B)(3)(c) of this section.”1

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Jordan, 104 Ohio St. 3d 21 (Ohio 2004).

104 Ohio St. 3d 21 (State v. Jordan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Jones
2023 Ohio 844 (Ohio Court of Appeals, 2023)
State v. Spears
2023 Ohio 187 (Ohio Court of Appeals, 2023)
State v. Crawford
2020 Ohio 4897 (Ohio Court of Appeals, 2020)
State v. Ferguson
2020 Ohio 4153 (Ohio Court of Appeals, 2020)
State v. Criswell
2020 Ohio 3793 (Ohio Court of Appeals, 2020)
State v. Harper (Slip Opinion)
2020 Ohio 2913 (Ohio Supreme Court, 2020)
State v. Rogenski
2020 Ohio 1360 (Ohio Court of Appeals, 2020)
State v. Trone
2020 Ohio 384 (Ohio Court of Appeals, 2020)
State v. Vaughn
2020 Ohio 307 (Ohio Court of Appeals, 2020)
State v. Bates
2020 Ohio 267 (Ohio Court of Appeals, 2020)
State v. Conn
2020 Ohio 370 (Ohio Court of Appeals, 2020)
State v. Bailey
2019 Ohio 4746 (Ohio Court of Appeals, 2019)
State v. Florence
2019 Ohio 4365 (Ohio Court of Appeals, 2019)
State v. Bobbitt
2019 Ohio 4005 (Ohio Court of Appeals, 2019)
State v. Collier
2019 Ohio 3197 (Ohio Court of Appeals, 2019)
State v. Clark
2019 Ohio 3196 (Ohio Court of Appeals, 2019)
State v. Bostic
2019 Ohio 2658 (Ohio Court of Appeals, 2019)
State v. Snell
2019 Ohio 2251 (Ohio Court of Appeals, 2019)
State v. Henderson
2019 Ohio 1974 (Ohio Court of Appeals, 2019)
State v. Hennacy
2019 Ohio 1332 (Ohio Court of Appeals, 2019)