Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Ramos

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 11, 2017

STATE OF OHIO PLAINTIFF-APPELLEE
v.
JAVIER RAMOS DEFENDANT-APPELLANT

         Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-03-445490-B

          ATTORNEYS FOR APPELLANT Mark Stanton Cuyahoga County Public Defender, Cullen Sweeney Assistant Public Defender

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor, Daniel T. Van Assistant County Prosecutor

          BEFORE: Boyle, J., Kilbane, P.J., and S. Gallagher, J.

          JOURNAL ENTRY AND OPINION

          MARY J. BOYLE, JUDGE

         {¶1} Defendant-appellant, Javier Ramos, appeals the trial court's decision denying his motion to terminate postrelease control sanctions. For the reasons that follow, we reverse and remand with instructions.

         {¶2} In February 2004, Ramos pleaded guilty to one count of drug trafficking in violation of R.C. 2925.03, a first-degree felony, and was sentenced to nine years in prison. The trial court's sentencing journal entry provided for "[p]ost release control of 5 years as part of this prison sentence for the above felony(s) under R.C. 2967.28."

         {¶3} In August 2005, Ramos filed a motion seeking leave to file a delayed appeal and a notice of appeal. This court denied Ramos leave to file a delayed appeal and sua sponte dismissed the appeal. Likewise, the Supreme Court of Ohio denied Ramos leave to appeal.

         {¶4} In January 2010, Ramos filed a motion to withdraw his guilty plea. In the motion, Ramos argued that his guilty plea should be vacated because the trial court failed to inform him of postrelease control prior to the plea agreement, and the sentencing entry did not state whether postrelease control was mandatory. "After consulting" with the Cuyahoga County Public Defender's Office, Ramos filed a withdrawal of his motion. The trial court, however, denied Ramos's motion to withdraw his guilty plea.

         {¶5} In January 2011, Ramos filed a motion to correct the judgment of conviction and asked for a de novo resentencing hearing to properly impose postrelease control sanctions. The trial court denied the motion.

          {¶6} In November 2012, Ramos was released from prison after serving his entire prison sentence. He then was supervised on postrelease control. His postrelease control was subsequently transferred to the state of Texas.

         {¶7} In April 2016, Ramos was arrested in Texas and held as a postrelease control violator because, according to Ramos, he failed to provide the Texas authorities proper notification of a change of address. The authorities returned Ramos to Ohio and Ramos received a 90-day jail sentence. According to Ramos, he is currently supervised on postrelease control.

         {¶8} On September 14, 2016, Ramos filed a motion to terminate his postrelease control contending that because the sentencing journal entry failed to reflect the consequences of violating postrelease control, the trial court improperly imposed the term of postrelease control. Without waiting for a response from plaintiff-appellee, state of Ohio, the trial court, without opinion, denied Ramos's motion.

         {¶9} Ramos appeals, raising as his sole assignment of error that the "trial court erred in failing to vacate and/or terminate [his] improperly imposed term of postrelease control." Specifically, Ramos argues that the trial court improperly imposed postrelease control because it made no reference ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.