Reversed & Remanded to correct sentencing errors
Today the Second District Court of Appeals decided State v. Hamby, 2011-Ohio-4542. The Court of Appeals reversed and remanded for the trial court to fix sentencing errors made by the trial court. First, Criminal Rule 32(C) requires that the judgment of conviction shall set forth the manner of conviction. In Hamby's case, the trial court indicated he had pled guilty but Hamby was convicted by a jury. Second, the trial court disapproved of transitional control for Hamby at sentencing and in the sentencing entry. This was plain error since the determination about transitional control must come near the end of a defendant's sentence, and it must be based a defendant's behavior during his prison term. Finally, the trial court sentenced Hamby to several terms of post-release control but terms of PRC must be served concurrently with each other. The Court of Appeals ordered the trial court to indicate that the terms of PRC must be served concurrently.
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