State v. Smith, Unpublished Decision (6-30-2004)
State v. Smith, Unpublished Decision (6-30-2004)
Opinion of the Court
{¶ 2} We conclude that the trial court correctly considered only the aggregate sentence imposed by the Montgomery County Common Pleas Court for purposes of determining the stated prison term. Accordingly, the trial court did not err, and its order of judicial release is affirmed.
{¶ 4} In May, 2003, Smith filed a motion for judicial release in the Montgomery County Court of Common Pleas, and requested a hearing. The State took the position that Smith's motion was premature, because, under the statute, where the stated prison term is more than five years, but not more than ten years, an offender eligible for judicial release may only file a motion for judicial release after he has served five years of the stated prison term. The trial court disagreed with the State, and the State took an immediate appeal. We dismissed that appeal as premature. Thereafter, the trial court granted Smith's motion for judicial release. The State appeals from that order.
{¶ 6} "The trial court lacked the authority to grant smith's motion for judicial release because the motion was not filed within the required statutory time limits."
{¶ 7} The State relies upon R.C.
{¶ 8} "Upon the filing of a motion by the eligible offender or upon its own motion, a sentencing court may reduce the offender's stated prison term through a judicial release in accordance with this section. The court shall not reduce the stated prison term of an offender who is not an eligible offender. An eligible offender may file a motion for judicial release with the sentencing court within the following applicable period of time:
{¶ 9} "(1) * * *
{¶ 10} "(2) Except as otherwise provided in division (B)(3) or (4) of this section, if the stated prison term was imposed for a felony of the first, second, or third degree, the eligible offender may file the motion not earlier than one hundred eighty days after the offender is delivered to a state correctional institution.
{¶ 11} "(3) * * *
{¶ 12} "(4) If the stated prison term is more than five years and not more than ten years, the eligible offender may file the motion after the eligible offender has served five years of the stated prison term.
{¶ 13} "(5) * * * *."
{¶ 14} Smith contended, and the trial court agreed, that R.C.
{¶ 15} "`Stated prison term' means the prison term, mandatory prison term, or combination of all prison terms and mandatory prison terms imposed by the sentencing court pursuant to section
{¶ 16} The State contends that the prison terms imposed by both the Montgomery County and Clermont County common pleas courts should be combined for purposes of determining the "stated prison term," which would result in the stated prison term being nine years, thereby causing R.C.
{¶ 17} We cannot give the statute this construction. Both in R.C.
{¶ 18} The use of the singular number in the phrase "the sentencing court" indicates to us that the General Assembly intended exactly what happened in this case. The Montgomery County Common Pleas Court reduced its own, four-year sentence, by suspending its further execution, and ordered Smith placed on community control upon the completion of his Clermont County sentence.
{¶ 19} The State points out that if the phrase "the sentencing court" is construed to refer, in the singular, to the common pleas court that imposed the sentence with respect to which a motion for judicial release is filed, then an individual who commits robberies in two counties, and is sentenced to four years imprisonment for each robbery, to be served consecutively, for a total of eight years, could petition each sentencing court for judicial release after just six months, whereas an offender committing two similar robberies in just one county, and receiving two four-year sentences, to be served consecutively, would have to wait five years before filing a motion for judicial release. We understand the State's argument, but conclude that it is better addressed to the General Assembly.
{¶ 20} The construction urged by the State — that we should ignore the use of the singular in the phrase "the sentencing court," and construe that phrase as encompassing all sentencing courts — leads to the at least equally bizarre result that any one of several courts imposing sentence could grant judicial release excusing the offender from further service of all sentences imposed by other courts.
{¶ 21} The State's sole assignment of error is overruled.
Wolff and Grady, JJ., concur.
Reference
- Full Case Name
- State of Ohio v. Jody James Smith
- Cited By
- 2 cases
- Status
- Unpublished