State v. Bishop

The Supreme Court held that a criminal defendant on postrelease control for a prior felony must be advised, during his plea hearing in a new felony case, of the trial court’s ability under Ohio Rev. Code 2929.141 to terminate his existing postrelease control and to impose a consecutive prison sentence for the postrelease-control violation.While on postrelease control for a prior felony conviction Defendant pleaded guilty to possession of heroin. The trial court did not inform Defendant that once he pleaded guilty the court would have the authority under section 2929.14 to terminate his existing postrelease control and impose a prison term to be served consecutively to the term of imprisonment imposed for the possession offense. The trial court subsequently sentenced Defendant to a nine months in prison for the possession offense and, for the postrelease-control violation, ordered Defendant to serve a one-year prison term under section 2929.141 consecutively to the sentence for the possession offense. The appellate court reversed and vacated Defendant’s guilty plea, concluding that the trial court erred by failing to advise Defendant, at the time of his plea, that he could have to serve an additional, consecutive sentence for his current postrelease control violation. The Supreme Court affirmed, holding that Crim.R. 11(C) requires that advisement. View "State v. Bishop" on Justia Law