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State v. Hill

Court of Appeals of Ohio, Seventh District, Jefferson

May 25, 2017

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
AARON HILL, DEFENDANT-APPELLANT.

Criminal Appeal from the Court of Common Pleas of Jefferson County, Ohio Case No. 02-CR-76

         For Plaintiff-Appellee: No Brief Filed

          For Defendant-Appellant: Atty. Craig M. Jaquith Senior Assistant Public Defender

JUDGES: Hon. Carol Ann Robb Hon. Gene Donofrio Hon. Cheryl L. Waite

          OPINION

          ROBB, P.J.

         {¶1} Defendant-Appellant Aaron A. Hill appeals Jefferson County Common Pleas Court's denial of his motion to vacate post-release control and parole authority sanction time.[1] Appellant asserts the trial court's decision was incorrect because the sentencing judgment entry did not properly impose post-release control, he has completed his prison term, and the judgment entry was not corrected prior to the expiration of his sentence. For the reasons expressed below, we agree. The trial court's decision is reversed and the matter remanded to the trial court with instructions to discharge Appellant from post-release control.

         Statement of the Case

         {¶2} Appellant was indicted in April 2002 for three counts of aggravated murder, one count of kidnapping, two counts of aggravated burglary, two counts of having a weapon while under disability, one count of carrying a concealed weapon, and one count of possession of drugs. Gun specifications were attendant to each count. Two of the aggravated murder counts had capital specifications.

         {¶3} Appellant pled not guilty. The case proceeded to trial. After the first day of trial, the parties reached a plea agreement. The state agreed to amend the first count of the indictment to voluntary manslaughter, a first-degree felony in violation of R.C. 2903.03, with an attendant gun specification. 4/11/03 Tr. 4. Counts two, three, four, six, nine, and ten, and their attendant specifications were nolled. 4/11/03 Tr. 4-5. The state nolled the specifications on counts five, seven and eight. 4/11/03 Tr. 4-5. Thus, Appellant entered a guilty plea to voluntary manslaughter with an attendant firearm specification, aggravated burglary, and two counts of having weapons while under disability. 4/11/03 Tr. 4-5. Appellant also agreed to enter a guilty plea in case number 01-CR-158 for the charge of possession of cocaine in excess of five grams. 4/11/03 Tr. 5. The state dismissed the attendant specification in that case. 4/11/03 Tr. 5. Appellant and the state also entered into an agreed recommendation of sentence; they agreed to an aggregate 13 year sentence composed of 10 years for the underlying offenses and 3 years for the gun specification. 4/11/03 Tr. 5; 4/11/03 J.E.

         {¶4} The trial court then conducted a Crim.R. 11 colloquy. During this colloquy, the trial court told Appellant he would be subject to five years of post-release control. 4/11/03 Tr. 14. The trial court instructed Appellant that if he violated the conditions of post-release control he could be sent back to prison for up to nine months each time. 4/11/03 Tr. 14. Appellant was advised that those additional nine-month sentences could amount to half of the prison time the trial court imposed, which would be 6 1/2 years if the trial court imposed the recommended 13 years. 4/11/03 Tr. 14-15. The trial court's advisement on post-release control was three pages in length. 4/11/03 Tr. 14-16.

         {¶5} Following the advisements, Appellant entered a guilty plea, the trial court accepted the plea, and it proceeded immediately to sentencing. 4/11/03 Tr. 17. The trial court followed the agreed recommendation of sentence. 4/11/03 Tr. 5; 4/11/03 J.E. Appellant received 10 years for the voluntary manslaughter conviction and an additional 3 years for the attendant gun specification. 4/11/03 J.E. He received 5 years for the aggravated burglary conviction, 1 year for each of the having weapons while under disability convictions, and 1 year for possession of cocaine. 4/11/03 J.E. The sentences for aggravated burglary, having weapons while under disability, and possession of cocaine were ordered to run concurrent with the voluntary manslaughter sentence. 4/11/03 J.E.

         {¶6} During the sentencing portion of the hearing, post-release control was not mentioned; there was no advisement on post-release control and there was no direct imposition of the five year term of post-release control. 4/11/03 Tr. 17-24. The only mention of post-release control in the sentencing judgment entry is one sentence stating, "Defendant has been given notice of Post Release Control." 4/11/03 J.E.

         {¶7} Appellant did not appeal his plea or sentence.

         {¶8} His five year supervision by the Adult Parole Authority ...


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