time of a plea hearing in Ohio

2022Law {¶ 14} R.C. 2967.28 (C) provides in pertinent part: Any sentence to a prison term for a felony of the * * * fifth degree * * * shall include a requirement that the offender be subject to a period of post- release control of up to two years after the offender’s release from 7. imprisonment, if the parole board, in accordance with division (D) of this section, determines that a period of post-release control is necessary for that offender. {¶ 15} In Woods v. Telb, 89 Ohio St.3d 504, 513 , 733 N.E.2d 1103 (2000), the Ohio Supreme Court held “pursuant to R.C. 2967.28(B) and (C), a trial court

2022Law {¶ 14} R.C. 2967.28 (C) provides in pertinent part: Any sentence to a prison term for a felony of the * * * fifth degree * * * shall include a requirement that the offender be subject to a period of post- release control of up to two years after the offender’s release from 7. imprisonment, if the parole board, in accordance with division (D) of this section, determines that a period of post-release control is necessary for that offender. {¶ 15} In Woods v. Telb, 89 Ohio St.3d 504, 513 , 733 N.E.2d 1103 (2000), the Ohio Supreme Court held “pursuant to R.C. 2967.28(B) and (C), a trial court

2003(Emphasis added.) See, also, State v. Williams (2000), 136 Ohio App.3d 570 , 572 (interpreting Edmonson as requiring the trial court to make the findings and give its reasons for imposing a maximum term of imprisonment on the record at the sentencing hearing and not merely in the judgment entry); State v. Martin (1999), 136 Ohio App.3d 355 , 362-363 . {¶ 16} Accordingly, I would sustain Appellant's first assignment of error and remand for resentencing.

2003(Emphasis added.) See, also, State v. Williams (2000), 136 Ohio App.3d 570 , 572 (interpreting Edmonson as requiring the trial court to make the findings and give its reasons for imposing a maximum term of imprisonment on the record at the sentencing hearing and not merely in the judgment entry); State v. Martin (1999), 136 Ohio App.3d 355 , 362-363 . {¶ 2} Accordingly, I would sustain appellant's first assignment of error and remand this case to the trial court with an order to set forth the necessary findings at the sentencing hearing when imposing more than the minimum term of imprisonment.

2021After the trial court imposes this period of postrelease control as part of the offender’s sentence, ODRC becomes responsible for implementing the postrelease-control portion of the sentence in accordance with R.C. 2967.28(D) if it “determines that a period of post-release control is necessary for that offender.” As the Supreme Court of Ohio has explained, regardless of the mandatory or discretionary nature of postrelease control, “pursuant to R.C. 2967.28(B) and (C), a trial court must inform the offender at sentencing or at the time of a plea hearing that post-release control is part of the

2004Although we find Hunter's argument that the trial court failed to appropriately advise her of post-release control at the time of sentencing to be well-taken, we simply remand this matter to the trial court for re-sentencing for the purposes of advising Hunter of postrelease control. {¶ 28} In Woods v. Telb, 89 Ohio St.3d 504 , 2000-Ohio-171 , 733 N.E.2d 1103 , the second paragraph of the syllabus states, "pursuant to R.C. 2967.28 (B) and (C), a trial court must inform the defendant at sentencing or at the time of a plea hearing that post-release control is part of the defendant's sentence." R

2022See State v. Wright, 2021-Ohio-3818 , 180 N.E.3d 32, ¶ 26 (8th Dist.). {¶ 16} Crim.R. 11(C)(2) states in relevant part: In felony cases the court * * * shall not accept a plea of guilty * * * without first addressing the defendant personally * * * and doing all of the following: (a) Determining that the defendant is making the plea voluntarily, with understanding of the nature of the charges and of the maximum penalty involved, and if applicable, that the defendant is not eligible for probation or for the imposition of community control sanctions at the sentencing hearing. {¶ 17} If a trial co

2022See State v. Wright, 2021-Ohio-3818 , 180 N.E.3d 32, ¶ 26 (8th Dist.). {¶ 16} Crim.R. 11(C)(2) states in relevant part: In felony cases the court * * * shall not accept a plea of guilty * * * without first addressing the defendant personally * * * and doing all of the following: (a) Determining that the defendant is making the plea voluntarily, with understanding of the nature of the charges and of the maximum penalty involved, and if applicable, that the defendant is not eligible for probation or for the imposition of community control sanctions at the sentencing hearing. {¶ 17} If a trial co

2007See also State v. Lamb , 156 Ohio App.3d 128 , 2004-Ohio-474 , at ¶ 16 ("We agree with the reasoning of the Perry and Jones courts, as well as that of the Prom court, and therefore hold that in order to substantially comply with Crim.R. 11(C)(2)(a), a trial court must advise a defendant of any mandatory post-release control period at the time of the defendant's plea.") In Lamb , the trial judge never told appellant that he would be subject to a mandatory five year period of post-release control.

2007See also State v. Lamb , 156 Ohio App.3d 128 , 2004-Ohio-474 , at ¶ 16 ("We agree with the reasoning of the Perry and Jones courts, as well as that of the Prom court, and therefore hold that in order to substantially comply with Crim.R. 11(C)(2)(a), a trial court must advise a defendant of any mandatory post-release control period at the time of the defendant's plea.") In Lamb , the trial judge never told appellant that he would be subject to a mandatory five year period of post-release control.