Monday, October 8, 2012

A Warren County Trial Judge Erred in Granting Judicial Release (10 8 12)

The law regarding judicial release has changed over the years.  So you may ask, which law applies to me?  According to the Twelfth District Court of Appeals for Warren County, “the applicable statute is that which was in effect at the time of sentencing.”  For a Warren County man, that was the law in effect in 2009.  But he asked, what is my stated prison term when trying to determine whether I am eligible for judicial release?  The Court of Appeals answered the “combination of all prison terms and mandatory prison terms imposed by the sentencing court.”  That is “one” sentencing court.  When does the time start to count for judicial release purposes?  “Upon delivery to a state correctional institution” (you are only delivered once to serve consecutive terms, so it would make sense that the multiple terms would be combined to make the “stated prison term”).  In the case of this Warren County Defendant who was sentenced in 2009, the trial court erred by considering his sentence in parts and not in combination.  The case was remanded to the trial court for further consideration.  State v. Strunk, 2012-Ohio-4645.

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