Conceded error, postrelease control. The state concedes that the trial court erred when sentencing the appellant to a five-year postrelease control term instead of a three-year term. The appellant pleaded guilty to a second-degree felony, which requires that he be sentenced to a three-year term of postrelease control.
Decided 2017-08-17
[Cite as State v. Moore,
2017-Ohio-7249
.]
Court of Appeals of Ohio
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
JOURNAL ENTRY AND OPINION
No. 105415
STATE OF OHIO
PLAINTIFF-APPELLEE
vs.
LADON E. MOORE
DEFENDANT-APPELLANT
JUDGMENT:
REVERSED AND REMANDED
Criminal Appeal from the
Cuyahoga County Court of Common Pleas
Case No. CR-16-604864-A
BEFORE: Laster Mays, J., Stewart, P.J., and Celebrezze, J.
RELEASED AND JOURNALIZED: August 17, 2017
-i-
ATTORNEY FOR APPELLANT
Robert A. Dixon
4403 St. Clair Avenue
Cleveland, Ohio 44103
ATTORNEYS FOR APPELLEE
Michael C. O’Malley
Cuyahoga County Prosecutor
By: Aqueelah A. Jordan
Assistant County Prosecutor
Justice Center, 8th Floor
1200 Ontario Street
Cleveland, Ohio 44113
ANITA LASTER MAYS, J.:
{¶1} Defendant-appellant, Ladon E. Moore (“Moore”), appeals the trial court’s
decision to sentence him to a five-year term of postrelease control, and asks this court to
reverse the sentence and remand to the trial court for a correction of the sentence. The
state, pursuant to Loc.App.R. 16(B), concedes the error. We reverse the trial court’s
imposition of postrelease control and remand for further proceedings.
{¶2} Moore pleaded guilty to robbery, a second-degree felony, in violation of R.C.
2911.02(A)(2). The trial court sentenced him to five years in prison and a five-year
mandatory postrelease control. Moore has filed this timely appeal asserting one
assignment of error for our review:
I. The lower court erred in imposing a term of five years mandatory
postrelease control for a felony of the second degree.
{¶3} Moore was sentenced to a five-year term of postrelease control as part of his
felony sentence. The trial court erred when it sentenced Moore to five years postrelease
control when the law requires that he only serve a mandatory three-year term of
postrelease control. See, e.g., State v. Laporta, 8th Dist. Cuyahoga No. 105029,
2017-Ohio-1289
, ¶ 4.
Each sentence to a prison term for a felony of the first degree, for a felony
of the second degree, for a felony sex offense, or for a felony of the third
degree that is an offense of violence and is not a felony sex offense shall
include a requirement that the offender be subject to a period of postrelease
control imposed by the parole board after the offender’s release from
imprisonment. … For a felony of the second degree that is not a
felony sex offense, three years.
R.C. 2967.28(B)(2).
{¶4} Accordingly, Moore pleaded guilty to a second-degree felony; therefore, the
trial court should have sentenced Moore to a mandatory three-year term of postrelease
control.
{¶5} Moore’s single assignment of error is sustained.
{¶6} “The trial court’s judgment is hereby reversed with regard to the improper
imposition of postrelease control. The matter is remanded to the trial court to conduct a
notification hearing pursuant to R.C. 2929.191 and impose the requisite period of
postrelease control.” Laporta at ¶ 6.
It is ordered that appellant recover from appellee costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common
pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of
the Rules of Appellate Procedure.
______________________________________
ANITA LASTER MAYS, JUDGE
MELODY J. STEWART, P.J., and
FRANK D. CELEBREZZE, JR., J., CONCUR
