Court of Appeals of Ohio, Seventh District, Jefferson
Criminal Appeal from the Court of Common Pleas of Jefferson
County, Ohio Case No. 02-CR-76
Plaintiff-Appellee: No Brief Filed
Defendant-Appellant: Atty. Craig M. Jaquith Senior Assistant
JUDGES: Hon. Carol Ann Robb Hon. Gene Donofrio Hon. Cheryl L.
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. 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
of the Case
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.
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.
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.
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
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.
Appellant did not appeal his plea or sentence.
His five year supervision by the Adult Parole Authority ...