State v. Ware
Annotate this CaseOhio Rev. Code 2929.20 provides that a prisoner cannot apply for judicial release until a period of time after the expiration of all mandatory prison terms in the stated prison sentence. Shawn Ware pleaded guilty to two counts of trafficking in crack cocaine. One count was a second-degree felony. Ware’s second-degree felony carried a mandatory prison term. The trial court imposed a four-year prison term for that offense. Ware later sought judicial release, arguing that he was eligible for release before the expiration of his four-year term because the original sentencing entry imposed only a minimum mandatory sentence of two years. The trial court granted the motion, explaining that it had not intended to make all four years of Ware’s sentence mandatory. The Supreme Court reversed, holding that Ware was not eligible for judicial release because his entire sentence was mandatory, and the trial court could not impose a different sentence under Ohio law.
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