Monday, November 5, 2012

Sentencing Entry incorrectly sentenced defendant to mandatory time (11 5 12)

A Portage County defendant got his appeal reopened pursuant to Appellate Rule 26(B) because his appellate lawyer failed to argue that his sentencing entry incorrectly stated he faced mandatory prison time when he did not. Once his appeal was reopened, he won his appeal and the Eleventh District Court of Appeals for Portage County remanded the matter for the trial court to issue a corrected sentencing entry. At the sentencing hearing, the trial judge did not impose mandatory prison time. But the sentencing entry stated he was sentenced to mandatory prison time. This error was prejudicial to the defendant since, among other things, he would NOT be able to seek judicial release while serving mandatory prison time, but he could seek judicial release if the time was not mandatory. State v. Sawyer, 2012-Ohio-5119.

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