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State v. Clark

Citations

  • 2019 Ohio 3196

Syllabus

The trial court incorrectly informed appellant at the sentencing hearing and in the sentencing entry that he could be placed on post-release control for \three years\ when R.C. 2967.28(C) actually provides that he could be placed on post-release control for \up to three years.\ The State concedes and we agree that this error renders the post-release-control portion of appellant's sentence void. Because appellant has already completed his one-year prison sentence, the trial court no longer has authority to resentence him to the appropriate term of post-release control. The portion of appellant's sentence related to post-release control is vacated.

Judges: Welbaum

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