State v. Shepard, Unpublished Decision (9-18-2003)
State v. Shepard, Unpublished Decision (9-18-2003)
Opinion of the Court
{¶ 2} The indictment arose out of events associated with a scheme to defraud elderly persons, of which appellant was a part. Appellant would contact an elderly person and pretend to be a police officer. Appellant would then request the individual's help in catching a bank teller who was stealing. Pursuant to the scheme, the individual would withdraw a significant sum of money from his or her bank account, while accompanied by appellant. Any funds allegedly not stolen by the bank teller during the withdrawal would be turned over to appellant for use as evidence against the teller. In actuality, the funds were split among appellant and her two co-defendants, leaving the elderly victim without a significant portion of his or her life savings.
{¶ 3} On February 26, 2001, appellant entered guilty pleas to all charges in the indictment. On May 23, 2001, the trial court sentenced appellant to concurrent prison terms ranging from ten months to six years.
{¶ 4} In her sole assignment of error, appellant contends that her sentence must be vacated and the matter remanded for a new sentencing hearing because the trial court failed to notify her at the sentencing hearing, as required by R.C.
{¶ 5} The State concedes that the trial court made no mention of post-release control at the sentencing hearing, but asserts that on February 26, 2001, when appellant appeared in court to enter her guilty plea, the trial court verbally advised appellant that she would be subject to post-release control. The record reflects the following colloquy:
{¶ 6} "THE COURT: Are you further aware that upon your release from prison if you were sentenced to prison, that for any Felony 2 or 3, the Adult Parole Authority will in fact supervise you under what's called post-release control. On a Felony 4 or 5 the Adult Parole Authority has a choice of whether or not to supervise you, but in either event if they do supervise you and you fail to meet the terms and conditions of the post-release control supervision, that the Adult Parole Authority can modify your supervision and make it more restrictive?
{¶ 7} "MS. SHEPARD: Yes, Your Honor.
{¶ 8} "THE COURT: Are you aware they can incarcerate you for up to one-half the original sentence imposed by me?
{¶ 9} "MS. SHEPARD: Yes.
{¶ 10} "THE COURT: They can charge you with a new offense called escape, another felony where you would face additional prison time.
{¶ 11} "MS. SHEPARD: Yes, Your Honor.
{¶ 12} "THE COURT: If you commit a new crime while under post-release control, you can face the maximum penalties under the law for the new crime committed. Are you aware of that?
{¶ 13} "MS. SHEPARD: Yes, Your Honor."
{¶ 14} In Woods v. Telb (2000),
{¶ 15} R.C.
{¶ 16} Although the Ohio Supreme Court referenced R.C.
{¶ 17} "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:
{¶ 18} "(a) Impose a stated prison term;
{¶ 19} "(b) Notify the offender that, as part of the sentence, the parole board may extend the stated prison term for certain violations of prison rules for up to one-half of the stated prison term;
{¶ 20} "(c) Notify the offender that the offender will be supervised under section
{¶ 21} "(d) Notify the offender that the offender may be supervised under section
{¶ 22} "(e) Notify the offender that, if a period of supervision is imposed following the offender's release from prison * * * and if the offender violates that supervision or a condition of post-release control * * * the parole board may impose a prison term, as part of the sentence, of up to one-half of the stated prison term originally imposed upon the offender;
{¶ 23} "* * *." (Emphasis added.)
{¶ 24} In light of the mandatory language of R.C.
{¶ 25} Here, although we commend the trial court for the excellent notification regarding post-release control that it provided to appellant at the plea hearing, a review of the transcript demonstrates that the trial court failed to satisfy the notification requirements of R.C.
Sentence vacated; remanded for resentencing.
FRANK D. CELEBREZZE, JR., P.J. and COLLEEN CONWAY COONEY, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.