State v. Gordon

At issue was whether a trial court must inform an offender at the time of sentencing that the commission of a felony during a period of post-release control permits a trial court to impose a new prison term for the violation to be served consecutively with any prison term for the new felony.Defendant was convicted of rape of victims less than thirteen years of age and three counts of gross sexual imposition regarding victims less than thirteen years of age. At sentencing the trial court imposed the mandatory term of postrelease control and informed Defendant that if he were convicted of a new felony offense while on post-release controversy, the sentencing court could impose a prison term for the new felony offense, along with an additional consecutive prison term for the post-release control violation. On appeal, Defendant argued that the trial court committed plain error when it sentenced him without properly giving him all of the required notifications as required by Ohio Rev. Code 2929.19(B)(4) and concerning post-release control. The court of appeals rejected the argument. The Supreme Court affirmed, holding that section 2929.19(B)(2)(e) does not require that a trial court notify an offender at his or her initial sentencing hearing of the penalty provisions contained in Ohio Rev. Code 2929.141(A)(1) and (2). View "State v. Gordon" on Justia Law