Opinion

State v. Pruitt

2025 Ohio 1557

Court: Ohio Court of Appeals
Filed: May 1, 2025
Status: Published
On the bench: Laster Mays
Cited by: 1 cases
Authority: More cited than 35.0%

The opinion

[Cite as State v. Pruitt, 2025-Ohio-1557.]

COURT OF APPEALS OF OHIO

EIGHT APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff-Appellee, :

No. 114417

v. :

DENVER PRUITT, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: May 1, 2025

Criminal Appeal from the Cuyahoga County Common Pleas Court

Case No. CR-24-693239-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting

Attorney, and Christopher Woodworth, Assistant

Prosecuting Attorney, for appellee.

Patrick S. Lavelle, for appellant.

ANITA LASTER MAYS, J.:

{¶1} Defendant-appellant Denver Pruitt (“Pruitt”) appeals his convictions

and sentence and asks this court to reverse the trial court’s finding of guilt and his

sentence. We affirm.

{¶2} On July 4, 2024, Pruitt was charged with one count of felonious

assault, a second-degree felony, in violation of R.C. 2903.11(A)(2); one count of

improper discharging of a firearm at or into a habitation or school, a second-degree

felony, in violation of R.C. 2923.161(A)(1); one count of discharging a firearm at or

near a prohibited premises, a third-degree felony, in violation of

R.C. 2923.162(A)(3); one count of carrying a concealed weapon, a fourth-degree

weapon, in violation R.C. 2923.12(A)(2). One- and three-year firearm

specifications were attached to the felonious-assault charge.

{¶3} On September 3, 2024, after plea negotiations with the State, Pruitt

entered a guilty plea to an amended indictment. Pruitt pleaded guilty to one count

of felonious assault, a second-degree felony, in violation of R.C. 2903.11(A)(2),

with a one-year firearm specification. He also pleaded guilty to discharging a

firearm on or near prohibited premises, a third-degree felony, in violation of

R.C. 2923.162(A)(3). The remaining charges were dismissed by the State.

{¶4} On October 7, 2024, the trial court vacated Pruitt’s sentence due to a

clerical error on the September 30, 2024 sentencing entry. The trial court

sentenced Pruitt to seven years’ imprisonment, which included a mandatory one-

year imprisonment sentence on the firearm specification to be served

consecutively to six years’ imprisonment on the felony. Additionally, the trial court

imposed a possible additional sentence, in accordance with the Reagan Tokes Act,

where the department of rehabilitation and correction may make determinations

and maintain Pruitt’s incarceration under R.C. 2967.271, which would add up to

three additional years of incarceration onto Pruitt’s sentence.

I. Facts and Procedural History

A. Plea Hearing

{¶5} On September 3, 2024, Pruitt pleaded guilty to amended indictment.

At the plea hearing, the trial court stated:

Before I can take guilty pleas from you, I need to give you information

and get information from you with the aim of making sure that, if you

do plead guilty this afternoon, your pleas are intelligently, you know

what you’re admitting to and the possible sentences, voluntary,

meaning you’re agreeing to this and you are not being forced or

pressured against your better judgment.

Tr. 7.

{¶6} The trial court continued and advised Pruitt of his constitutional and

nonconstitutional rights. Tr. 10-12. Pruitt indicated to the trial court that he

understood his rights as explained by the trial court. The trial court then explained

the charges against Pruitt. Tr. 12-13. Next, the trial court explained the possible

sentences in relation to each charge and the maximum possible sentence that

Pruitt could receive. Tr. 13-15. Again, Pruitt indicated to the trial court that he

understood. Id.

{¶7} The trial court then stated:

Now for any sentence, when you get out of prison, you will have to serve

a period of post-release control for a mandatory minimum of 18

months, up to a maximum of three years. Post-release control is

abbreviated as PRC. PRC is a lot like parole, in case that is a word that

you are familiar with, and PRC has similarities with probation as well.

But what it means is that for that period of time, a year and a half, up

to three years, upon your release, you would have to report to and be

supervised by a parole officer. During that period of time, a parole

officer would place conditions and restrictions on your conduct.

And if you were to violate those conditions, then the parole officer

would have the authority to return you to prison without bringing you

to court for a maximum of one half of your original sentence, depending

on the number of violations you commit and what they are.

I also want you to know that if during the period of post-release control,

you fail to report to a parole officer as obligated, then the prosecutor

could charge you with a felony known as escape, where, if you were

convicted, you would face additional prison time.

And then the last thing I want you to know about PRC is that, if the time

were to come when you have finished a prison term in this case and

then you’re on post-release control, and then at that point you commit

a new felony, if that were to occur, then when you are sentenced for the

new felony, you could get an extra prison term as punishment for

violating PRC that is equal to the greater of one year or the number of

years left on post-release control.

Tr. 15-17.

{¶8} Pruitt indicated to the trial court that he understood PRC, and the trial

court continued, explaining Reagan Tokes Law and its application to Pruitt’s

sentence. The trial court stated:

There is one more thing I want to tell you about the possible maximum

term here.

Count one is a qualifying felony of the second degree under a law called

the Reagan Tokes Law.

This law was named after a young woman who was — if I can recall

correctly — murdered by somebody who just got out of prison. But

that’s the background, that’s just the name of the law.

The reason I want to tell you about this law is that is permits the Ohio

Department of Rehabilitation and Corrections, which runs the prison,

to extend whatever prison term I impose by up to 50 percent. So just

let me give you an example.

Mr. Pruitt, first of all, you haven’t pleaded guilty yet. Second, assuming

you do, I have no idea what your sentence is going to be. I’m not trying

to preview your sentence here. I want to make sure you understand the

law. So the point is, I want to give you a couple examples.

Let’s say that on the felony two, the felonious assault, I impose the

minimum two years of prison on the felony itself, after the one year,

remember on the spec.

If I did that, then the DRC would have the ability to extend the term I

impose by up to one year, which is 50 percent of two, depending on

your conduct while in prison, your rehabilitation, if any, your security

classification, and other considerations.

Let me go on the higher end with a different example. Let’s say I impose

the maximum of eight years, then the DRC can extend that by four

because four is 50 percent of eight, and you can do the same calculation

for any number between two and eight.

The point is, the DRC would be able to extend the term that I impose,

not including the firearm spec, but up to that amount. Do you

understand that?

Tr. 17-19.

{¶9} Pruitt indicated that he understood how the Reagan Tokes Law would

apply to his sentence. Next the trial court stated: “By the way, this law — the

possibility of extending your prison term — does not apply to the felony three.”

Tr. 19.

B. Sentence Hearing

{¶10} On September 30, 2024, the trial court sentenced Pruitt. At the

sentencing hearing, the trial court stated:

In addition, I am considering the sentencing laws of Chapter 2929 of

the Ohio Revised Code.

Initially, upon consideration of those things, I do find that these two

counts one and three, are not allied offenses of similar import. And on

count three, discharge over a prohibited premises, I will ask you to

serve 18 months at the LCI. On count one, the felonious assault, on the

firearm specification itself, you are ordered to serve one year prior and

consecutively to six years on the felony itself, so one plus six is seven.

And I will ask that the count three be served concurrently with that

seven years.

...

Now, the other thing I want you to know about this sentence on count

two [sic] for the six years. Six years is what we refer to as the minimum

sentence. And this is separate, again, from the one-year firearm

specification.

So it is presumed that you will be released from prison at the expiration

of the six years on the felony itself. I should say rebuttably [sic]

presumed. However, the Department of Rehabilitation and

Corrections, the DRC, which runs the prison, may rebut that

presumption, if a hearing held, pursuant to Revised Code 2967.121, the

DRC makes specified determinations regarding your conduct while

confined, your rehabilitation, your threat to society, your restrictive

housing, if any, while confined, as well as your security classification.

If the DRC at the hearing makes a specified determination and rebuts

the presumption that you should be released at the end of the six years

on the felony itself, then the DRC may maintain your incarceration,

which is to say keep you in prison, for the amount of time it determines

to be reasonable, subject to a 50 percent limitation. And in this case, 50

percent of six years is three years.

So, if you are not released upon the expiration of the maximum nine

years for count one itself, remember, that’s separate from the firearm

spec, then you must be released at that point.

So, in other words, your minimum sentence on the felony is six years;

your maximum is nine years. And then, plus the one, meaning in the

scheme of things, you can be held for a net total of ten years if those

determinations are made at the hearing that I just talked about.

Post-release control is part of this sentence. So when you are released,

you will have to serve a mandatory 18 months up to three years of PRC.

This means that during that period of time you will have to report to

and be supervised by a parole office. The parole officer will place

conditions and restrictions on your conduct. If you violate those

conditions, then the parole officer has the ability to return you to prison

without bringing you to court, for a maximum of three years depending

on how many violations you commit and what they are.

Also, during the period of PRC, if you should fail to report to the parole

officer as ordered, then the prosecutor can charge you with a felony

called escape where, if convicted, you face additional prison time.

The last thing I want to say about post-release control, if the time were

to come when you are done with this prison term and you’re on PRC,

and that point you commit a new felony, then when you are sentenced

for the new felony, you may get an extra prison term for a PRC sanction

that is equal to the greater of one years or the time remaining on post-

release control.

Tr. 44-45, 46-49.

{¶11} Pruitt filed an appeal and assigned two errors for our review:

1. The appellant’s guilty plea was not knowing and voluntary

because the trial court, prior to taking the plea, failed to advise

appellant that he was subject to “bad time” under

R.C. 2943.032; and

2. The lower court erred when it sentenced appellant without

complying with R.C. 2929.19(B)(3), which required the court to

notify appellant that he is subject to the post-convictions

control provisions of R.C. 2967.28.

II. Failure to Advise Under R.C. 2943.032

{¶12} In Pruitt’s first assignment of error, he argues that the trial court

failed to advise him he was subject to “bad time” under R.C. 2943.032(A), which

states:

Prior to accepting a guilty plea or a plea of no contest to an indictment,

information, or complaint that charges a felony, the court shall inform

the defendant personally that, if the defendant pleads guilty or no

contest to the felony so charged or any other felony, if the court imposes

a prison term upon the defendant for the felony, and if the offender

violates the conditions of a post-release control sanction imposed by

the parole board upon the completion of the stated prison term, the

parole board may impose upon the offender a residential sanction that

includes a new prison term of up to nine months, subject to a maximum

cumulative prison term for all violations that does not exceed one-half

of the definite prison term that is the stated prison term originally

imposed upon the offender or, with respect to a non-life felony

indefinite prison term, one-half of the minimum prison term included

as part of the stated non-life felony indefinite prison term originally

imposed on the offender.

Id.

{¶13} R.C. 2943.032(A) requires the trial court to “inform the defendant

personally” of the penalties that could be imposed if the defendant violates the

conditions of their postrelease control sanction. “[Postrelease control] is one of

the required advisements pursuant to Crim.R. 11, because it constitutes a portion

of the maximum penalty involved in an offense for which a prison term will be

imposed.” State v. Bankston, 2024-Ohio-3017, ¶ 10 (8th Dist.), citing State v.

Shields, 2023-Ohio-1971, ¶ 4-11 (8th Dist.), citing State v. Fleming, 2006-Ohio-

6773, ¶ 7 (8th Dist.). “Without an adequate explanation of [postrelease control]

from the trial court, a defendant cannot fully understand the consequences of his

plea as required by Crim.R. 11(C).” Id.

{¶14} At the plea hearing, the trial court stated: