State v. Zucal

In State v. Zucal (1998), 82 Ohio St.3d 215, 1998 Ohio 377, 694 N.E.2d 1341, the defendant, through no fault of her own, did not complete her mandatory jail sentence because each time she reported to the jail, over a period of six years, she was turned away due to jail overcrowding. Zucal involves a trial court's delay on executing a sentence. Reversing the lower court's refusal to vacate the defendant's sentence after more than five years had passed from the date of sentencing, the Ohio Supreme Court held that "in convictions involving misdemeanor offenses, a delay in execution of sentence resulting from jail overcrowding that exceeds five years from the date that sentence is imposed is unlawful." Id. at paragraph one of the syllabus. The court further recognized that "no modification of sentence may occur after five years from the date of sentencing." Id. at paragraph four of the syllabus.