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Top court rules man should not have got early release
By Marc Kovac
COLUMBUS
The state’s high court ruled Wednesday that a Portage County man should not have been allowed an early release from his drug-related prison sentence.
Justices decided Shawn Ware was subject to a mandatory sentence under state law, regardless of an attempt by a trial court to impose a lesser penalty.
“Although the trial court later expressed its intent to impose a different sentence that would have allowed Ware to apply for early release, the court did not impose that sentence, nor could it have done so under Ohio law,” Justice Judith French wrote in the decision.
According to documents, Ware pleaded guilty in March 2010 to two counts of trafficking in crack cocaine, both felonies.
As part of a plea agreement, five other felony counts were dismissed.
Ware was informed and acknowledged that his plea carried a mandatory term, and he was sentenced to four years in prison, according to documents.
But during his sentencing, the trial court concluded by noting if Ware “change[d] [his] life around while in prison, his attorney may petition ... for a judicial release when it’s appropriate,” according to documents.
The resulting sentencing entry did not make reference to a mandatory term.
Ware began filing motions in November 2010 seeking an early release. He was granted his request in February 2013 over the objections of the state, with the court explaining its original intentions were to allow the early release, according to documents.
The Ohio Supreme Court was asked to review the case to determine whether a trial court is allowed to impose prison terms for such charges that are mandatory in part.
Justices ruled Wednesday that Ware was not eligible to apply for judicial release under the mandatory sentencing portion of state law.
French wrote, “All four years of his prison sentence were mandatory, and the trial court could not change this result by later expressing its intent to impose a different ‘hybrid’ sentence.”
Portage County Prosecutor Victor Vigluicci said Wednesday the case was more about the legal principles involved with mandatory sentencing and not necessarily about Ware.
He said is considering whether to force Ware back into prison to complete the 200-plus days remaining on his sentence.
Additionally, he said the section of state law covering the crime in 2010 has since been changed, removing the mandatory sentence.
“He’s been on probation for some time,” Vigluicci said. “I’m going to see how he’s done on probation.”
He added, “If he were sentenced today, it would not be mandatory.”